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Delhi Court Declines To Take Cognisance of ED PMLA Complaint in National Herald Case

The judge said a money‑laundering prosecution cannot begin without a predicate FIR under the PMLA.

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Jharkhand Pradesh Congress Committee (JPCC) workers stage a protest outside the BJP office over the National Herald case, in Ranchi, Wednesday (PTI PHOTO)
Congress party workers protesting against the BJP at Sector 35 in Chandigarh. (Keshav Singh/HT)

Overview

  • Special Judge Vishal Gogne ruled the ED’s prosecution complaint impermissible in law because it arose from a private complaint rather than an FIR for a scheduled offence.
  • The order noted an FIR by Delhi Police’s Economic Offences Wing dated October 3, 2025, and said it would be premature to weigh the ED’s allegations on merits.
  • ED officials said they will seek legal advice on an appeal and plan to file a fresh chargesheet anchored to the EOW FIR.
  • The ED alleges Young Indian, majority held by Sonia and Rahul Gandhi, secured control of AJL assets of about Rs 2,000 crore via conversion of a Rs 90.21 crore loan into equity after a Rs 50 lakh assignment of AICC’s debt.
  • Congress hailed the ruling as vindication and demanded resignations of the prime minister and home minister, while the BJP called the outcome procedural and noted the original criminal case based on Subramanian Swamy’s complaint remains pending.