Gandhis Challenge ED Plea in National Herald Case, Call It Abuse of Process

Congress leaders Sonia Gandhi and Rahul Gandhi have moved to oppose the Enforcement Directorate's challenge to a trial court order in the National Herald-linked money laundering case, describing the agency's petition before the Delhi High Court as an "abuse of the process of law".

The two leaders filed their replies on September 18, and the matter was placed before Justice Sachin Datta on Tuesday. The court was told that the responses were on record, and the case has been listed for further hearing on October 12.

In their replies to the ED's revision petition, the Gandhis contended that the challenge is not maintainable. They argued that the trial court's order of December 16, 2025, is legally sound and free of any jurisdictional error, perversity, irregularity or illegality.

The responses further submit that the agency has failed to establish that its complaint was maintainable under the statutory provisions governing the case. They point out that the terms "private complaint" or "a complaint by a public person or citizen" do not appear anywhere in the relevant statutory framework.

The trial court had held that taking cognisance of the ED's complaint was impermissible in law because it was not based on a First Information Report. It observed that an investigation and the resulting prosecution complaint in a money laundering case cannot be sustained without an FIR relating to an offence listed in the PMLA schedule.

The ED's investigation, according to the trial court, had its origins in a private complaint filed by BJP leader Subramanian Swamy.

Challenging that reasoning before the High Court, the ED has argued that the trial court's order effectively creates a class of money launderers who could escape proceedings simply because the alleged scheduled offence was brought before a magistrate through a private complaint.