ED appeals to Delhi HC against trial court’s order in National Herald case

The Enforcement Directorate (ED) has approached the Delhi High Court on Friday, challenging the trial court order dismissing a money laundering complaint against Congress leaders Sonia Gandhi, Rahul Gandhi and others in the National Herald case. In its Delhi High Court appeal, the ED contests the trial court’s findings point-by-point, arguing that the order overlooks critical evidence of money laundering.

The agency seeks an appellate review to compel the lower court to register the case and summon the accused, potentially reviving raids, attachments, and trials tied to the Rs 2,000 crore probe. Officials indicate the appeal questions procedural lapses and urges the High Court to direct cognisance for a fair probe.

On December 16, a fast-track court did not take cognisance of ED’s chargesheet, saying that no other agency has filed an FIR in the case when the agency started the probe related to money laundering charges. ED filed the case based on the private complaint filed by BJP leader Subramanian Swamy, which is pending on trial stage. ED filed a chargesheet in April 2025 and Delhi Police’s Economic Offence Wing (EOQ) registered an FIR in October 2025. “Since the present prosecution complaint pertaining to the offence money laundering is founded on cognisance and summoning order upon a complaint under Section 200 CrPC filed by a public person, namely Dr Subramanian Swamy, and not upon an FIR, cognisance of the present complaint is impermissible in law,” the Court ruled.

It underscored that ED can initiate a money laundering case only based on an FIR with respect an offence mentioned in the schedule of the PMLA.

“An investigation and the consequent prosecution complaint pertaining to the offence of money laundering defined under Section 3 and punishable under Section 4 is not maintainable in the absence of a FIR or the offence mentioned in the Schedule to the Act,” the Court said as it dismissed the ED complaint against Gandhis.

Apart from Gandhis, Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari had also been made accused by the ED.