In a significant relief for Congress leaders Rahul Gandhi and Sonia Gandhi, a Delhi court on Tuesday refused to take cognisance of the Enforcement Directorate’s (ED) complaint in the National Herald money laundering case, according to Bar and Bench. Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Court ruled that the ED’s complaint under the Prevention of Money Laundering Act (PMLA) was not maintainable, as it was based on a private complaint rather than a First Information Report (FIR).

The court noted, “An investigation and subsequent prosecution complaint for money laundering under Section 3, punishable under Section 4, cannot be maintained in the absence of an FIR or the offence specified in the Schedule to the Act.” Along with Rahul and Sonia Gandhi, the court also extended relief to five others, including Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise, and Sunil Bhandari.

The ED had alleged that the “proceeds of crime” were laundered through a purportedly fraudulent takeover of Associated Journals Limited (AJL), the publisher of the National Herald, valued at over ₹2,000 crore, by Young Indian, a company in which the Gandhis are majority shareholders. According to the agency, AJL’s shares were transferred to Young Indian as part of a criminal conspiracy to unlawfully acquire AJL’s assets. It claimed that the shares, immovable properties, and rental income of AJL amounted to the alleged proceeds of crime.

The Gandhis described the case as unusual and unprecedented, noting that money laundering allegations were made without actual use or projection of the property. During hearings, Rahul and Sonia Gandhi rejected the ED’s claims that Young Indian was used to seize AJL assets in exchange for a loan, asserting instead that the loan aimed to make AJL debt-free.

The case originates from a private complaint by former Union minister Subramanian Swamy, who accused Sonia and Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda, and Young Indian of cheating, criminal conspiracy, misappropriation of property, and criminal breach of trust. The ED filed a prosecution complaint against the Gandhis and Pitroda on April 15 this year. Congress President Mallikarjun Kharge criticized the central government after a fresh FIR was filed in connection with the National Herald case, expressing confidence that the judiciary would see through what he described as “political vendetta and mindless attempts to hound” the Gandhis.