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Delhi Court Rules Sonia Gandhi and Rahul Gandhi Not Entitled to Copy of FIR in National Herald Case

 

Delhi Court Rules Sonia Gandhi and Rahul Gandhi Not Entitled to Copy of FIR in National Herald Case

A court in Delhi has ruled that Congress leaders Sonia Gandhi and Rahul Gandhi, along with several others named in the proceedings, are not entitled at this stage to be provided with a copy of the First Information Report registered against them in connection with the National Herald case. The decision came from the Rouse Avenue Court, where Special Judge (PC Act) Vishal Gogne set aside an earlier order by a Magistrate’s court that had granted access to the FIR. In its ruling, the court emphasised that the accused do not have an enforceable right to obtain a copy of the FIR at the present phase of the legal process, although it acknowledged that they must be informed that the FIR has in fact been registered against them.

The ruling relates to a fresh FIR filed by the Economic Offences Wing of the Delhi Police in the long‑running National Herald matter, which has also involved actions by the Enforcement Directorate alleging criminal conspiracy and money‑laundering. The FIR was registered on the basis of allegations forwarded by the Enforcement Directorate, and it names Sonia Gandhi, Rahul Gandhi and others in connection with alleged financial irregularities relating to the newspaper and associated entities. The court’s order clarified that informing the accused about the registration of the FIR suffices for the moment, and that formal copies are not automatically available to them at this juncture of the proceedings.

The National Herald case has been the subject of extensive litigation over several years, involving claims by investigative agencies that the transfer of assets and financial arrangements connected to Associated Journals Limited and related companies constituted offences under criminal statutes. The recent FIR registered by the Economic Offences Wing follows earlier investigative steps and submissions by the Enforcement Directorate, which has characterised the transactions and conduct in question as constituting a criminal offence involving conspiracy and financial misappropriation.

In directing that the accused need only be informed of the FIR’s registration, the court re‑examined the legal standards governing access to investigative records at preliminary stages. The ruling underscored that while accused persons must be made aware of criminal proceedings against them, there is no automatic right at this point to demand a physical or formal copy of the FIR absent specific legal entitlement or procedural stage that would require such disclosure.

The order reflects judicial scrutiny of procedural rights in criminal matters, particularly in high‑profile cases that attract significant public and political attention. By limiting access to the FIR at this stage, the court navigated between ensuring that the accused are aware of the allegations they face while also preserving procedural norms regarding disclosure of investigative material before the matter proceeds further in the criminal justice system.

The court’s decision leaves open future opportunities for the parties to seek access to documents as the case advances and as required by law. It affirms that the initial step for the accused is to be informed of the registration of the FIR itself, without immediate entitlement to its contents in copy form at this preliminary juncture. The ruling adds a notable procedural dimension to the ongoing National Herald litigation, which continues to unfold through various legal challenges and hearings in the Delhi courts. 

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