The Delhi High Court has directed Congress leaders Sonia Gandhi and Rahul Gandhi, along with other accused, to respond to the Enforcement Directorate’s criminal revision petition.
The ED challenged the trial court’s decision that declined to take cognisance of its PMLA complaint in the National Herald case.
Justice Ravinder Dudeja heard the matter and requested replies from the Gandhis, issuing notices on both the main petition and the stay application.
The ED’s plea, challenging the Rouse Avenue Court’s rejection of its complaint under the PMLA, has been listed for a detailed hearing on March 12, 2026.
The trial court, led by Special Judge Vishal Gogne, had earlier ruled that the ED’s complaint was not legally maintainable. While providing relief to Sonia and Rahul Gandhi, the court allowed the ED to continue its investigation as per legal provisions.
Alongside the Gandhis, the ED has named Congress Overseas chief Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian, and Dotex Merchandise Private Limited as accused in the case.
ED Challenges Trial Court Ruling
Solicitor General Tushar Mehta, representing the ED, argued that upholding the trial court’s order would render the PMLA ineffective.
“This brings the PMLA on its head. It becomes otiose and redundant if this order is to sustain,” SG Tushar Mehta said.
He argued that the ruling misinterpreted the law, suggesting that the ED could not take action when a court had taken cognisance of a private complaint under Section 200 of the CrPC.
SG Mehta further warned that this interpretation could affect other cases, effectively implying that only a police FIR could trigger PMLA proceedings.
When questioned about precedents, he clarified that the PMLA does not specify a particular procedure for registering an offence; it only requires an allegation of criminal activity related to a scheduled offence.
The National Herald case centres on allegations that senior Congress leaders conspired to acquire assets worth over Rs 2,000 crore from Associated Journals Ltd (AJL), the original publisher of the newspaper.
The acquisition was allegedly made by paying Rs 50 lakh through Young Indian, a company controlled by Sonia and Rahul Gandhi.
The controversy first emerged in 2012 when BJP leader Subramanian Swamy filed a private complaint, claiming Congress leaders committed cheating and breach of trust to take control of AJL’s assets.
The Delhi High Court’s notice marks the next step in this high-profile case, with the hearing in March 2026 expected to clarify legal interpretations under the PMLA. Observers note that the outcome could influence the application of money laundering laws in similar cases.
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