No FIR Copy, No Cognisance: Delhi Court Gives Relief To Gandhis In National Herald Case

On Tuesday, a Delhi court ruled that Sonia Gandhi, Rahul Gandhi, and six other individuals cannot be provided a copy of the latest FIR lodged by the Delhi Police regarding the National Herald case.

Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court overturned an earlier order by a Magistrate court that had instructed the police to share the FIR with the accused.

The ruling followed an application filed by the Economic Offences Wing (EOW) challenging the Magistrate court’s instructions.

The controversy began with the registration of a new FIR on 3 October, reopening a decade-old dispute over the National Herald newspaper and its parent company, Associated Journals Limited (AJL).

The FIR accuses Sonia Gandhi, Rahul Gandhi, and six others of engaging in criminal conspiracy and financial irregularities.

The complaint was lodged by the Enforcement Directorate (ED) after examining financial transactions and property deals connected to AJL and its associated entities.

The FIR charges the Gandhis and others with conspiring to ‘fraudulently take over Associated Journals Limited (AJL)’, the publisher of the defunct National Herald newspaper.

Besides Sonia and Rahul Gandhi, the FIR names Sam Pitroda, Suman Dubey, Sunil Bhandari, and three entities—Young Indian, Dotex Merchandise Pvt Ltd, and AJL.

Police Submission and Court Stay on FIR Disclosure

Court records show that on 4 October, the police submitted a copy of the FIR to the Additional Chief Judicial Magistrate (ACJM). The ACJM initially instructed the police to inform the accused and provide them with the FIR.

However, on 8 October, the Delhi Police contested this order, and Special Judge Vishal Gogne stayed the Magistrate’s directions, stating that none of the accused had requested a copy and that the order contradicted Supreme Court precedents.

The FIR alleges that the accused attempted to acquire AJL’s properties, valued at over ₹2,000 crore, for just ₹50 lakh through Young Indian, a company controlled by Sonia and Rahul Gandhi.

The investigation has expanded, with the EOW issuing a notice on 5 December to Karnataka Deputy Chief Minister DK Shivakumar in connection with the case.

The notice seeks detailed financial and transactional information, including contributions to Young Indian from Shivakumar, his companies, and associated trusts.

Allegedly, Shivakumar and his brother DK Suresh personally contributed ₹2.5 crore, with another ₹2.5 crore provided via trusts. He has been instructed to submit the information and appear for questioning by 19 December.

The Congress has criticised the development, alleging that the BJP is using investigative agencies to intimidate and harass opposition leaders.

Party officials described the case as politically motivated, whereas BJP representatives defended the inquiry as a legitimate legal process supported by evidence.

Earlier in the day, the Delhi court also refused to take cognisance of the ED’s prosecution complaint under the Prevention of Money Laundering Act (PMLA), granting significant relief to the Gandhis and other proposed accused.

Special Judge Vishal Gogne concluded that the complaint was not maintainable.

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