Enforcement Directorate Moves Delhi HC Against National Herald Order

The Enforcement Directorate (ED) has approached the Delhi High Court, challenging a trial court order that dismissed its money laundering complaint against Congress leaders Sonia Gandhi, Rahul Gandhi and others in the National Herald case. In its appeal, the ED disputes the lower court’s findings, arguing that key evidence was overlooked.

The agency has sought appellate intervention to set aside the order and direct the registration of the case and summoning of the accused, a move that could revive proceedings linked to the alleged Rs2,000 crore transaction. Officials said the appeal raises concerns over procedural lapses and urges the High Court to allow cognisance to ensure a fair investigation.

On December 16, a fast-track court declined to take cognisance of the ED’s chargesheet, noting that no FIR had been registered by any agency when the money laundering probe was initiated. The ED had based its case on a private complaint filed by BJP leader Subramanian Swamy, which remains at the trial stage.

The court observed that the chargesheet, filed in April 2025, preceded an FIR registered by the Delhi Police’s Economic Offences Wing in October 2025. It ruled that under the Prevention of Money Laundering Act (PMLA), the ED can initiate proceedings only on the basis of an FIR relating to a scheduled offence.

Dismissing the complaint, the court held that a prosecution for money laundering is not maintainable in the absence of such an FIR. Apart from the Gandhis, the accused named by the ED include Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari.

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