New Delhi, 16 December

Delhi court on Tuesday refused to take cognisance of the Enforcement Directorate’s chargesheet against Congress leaders Sonia Gandhi and Rahul Gandhi and five others in the National Herald money laundering case, holding that such cognisance was impermissible under law.

Special Judge Vishal Gogne observed that the ED’s chargesheet was based on a complaint by a private individual and not on an FIR relating to a scheduled or predicate offence, which is a legal requirement under the Prevention of Money Laundering Act (PMLA).

Reading out the operative portion of the order, the judge noted that the Delhi Police’s Economic Offences Wing (EOW) has already registered an FIR in the matter. In view of this, he said it would be premature to adjudicate the ED’s submissions on the merits of the case at this stage.

The Enforcement Directorate, however, said it would challenge the court’s order and file an appeal.

The ED has accused Sonia Gandhi, Rahul Gandhi, late Congress leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda and a private company, Young Indian, of conspiracy and money laundering.

According to the agency, properties worth around ₹2,000 crore belonging to Associated Journals Limited (AJL), the publisher of the National Herald newspaper, were illegally acquired.

The ED has alleged that the Gandhis held a 76 per cent stake in Young Indian, which it claims fraudulently took over AJL’s assets in lieu of a ₹90 crore loan.