Key Points:
- Rouse Avenue Court rejects ED charge sheet in National Herald case
- Court rules money laundering probe invalid without underlying FIR
- CBI has not registered FIR, making ED’s ECIR-based investigation illegal
- ED accused Sonia Gandhi, Rahul Gandhi, Sam Pitroda, and others of criminal conspiracy
- Court dismisses complaint on technical grounds, not on merits of allegations
- ED plans to continue investigation after Delhi Police registers FIR
The Rouse Avenue Court in Delhi delivered a significant legal victory to the Gandhi family by refusing to take cognizance of the Enforcement Directorate’s charge sheet in the National Herald case. The court clearly stated that investigating and prosecuting money laundering without a proper FIR for the underlying offense is not legally valid under the Prevention of Money Laundering Act (PMLA).
In its detailed order, the court clarified that it is mandatory for the ED to have an FIR registered in the relevant offense before initiating any money laundering investigation. The court found that the CBI has so far refrained from registering an FIR in this case, while the ED proceeded with the investigation by registering an ECIR (Enforcement Case Information Report) without an FIR, which the court deemed inconsistent with legal provisions.
Technical Grounds for Dismissal
The court’s findings emphasized that in the absence of an FIR, not only the money laundering investigation but also the related prosecution complaint is not maintainable. Additionally, the court clarified that taking cognizance in a money laundering case based on a complaint filed by a private individual is legally unacceptable.
The court made it clear that it was not commenting on the merits of the allegations but was only ruling on the validity of the legal process. With this order, the Rouse Avenue Court dismissed the ED’s complaint and refused to take cognizance, effectively halting the current prosecution against the accused.
ED’s Allegations and Future Strategy
In its charge sheet filed in the National Herald case, the Enforcement Directorate had accused Sonia Gandhi and Rahul Gandhi of criminal conspiracy. Besides these Congress leaders, the ED had also named Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian, and Dotex Merchandise Private Limited as accused in its charge sheet. The ED had accused Associated Journals Limited (AJL) of illegally seizing assets worth over 2,000 crore rupees.
According to ED sources, the court’s order was based solely on technical grounds and did not comment on the merits of the case. The agency maintains that this is a clear case of money laundering and plans to continue its investigation after the Delhi Police registers an FIR. ED officials stated they will file a fresh charge sheet once the Delhi Police files its charge sheet, indicating their determination to pursue the case despite this setback.
