National Herald Case: Court Refuses To Take Cognizance of ED Charge sheet, Major Relief For Gandhis

National Herald Case: The Gandhi family has received a major relief in the National Herald case. The Rouse Avenue Court in Delhi has refused to take cognizance of the charge sheet filed by the Enforcement Directorate (ED). This court decision is being seen as a significant legal victory for Congress leaders Sonia Gandhi and Rahul Gandhi. Also Read: Pankaj Chaudhary Becomes The New UP BJP President... He is 7-Time MP And OBC Leader

The court clarified in its order that the investigation into money laundering and the related prosecution process cannot be considered valid unless a proper FIR is registered for the underlying offense. The court stated that under the provisions of the PMLA (Prevention of Money Laundering Act), it is mandatory for the ED to have an FIR registered in the relevant offense before initiating an investigation. The court also stated that the FIR on the basis of which the money laundering investigation was to be conducted has not yet been registered. According to the court, the CBI has so far refrained from registering an FIR in this case, while the ED proceeded with the investigation by registering an ECIR without an FIR. The court deemed this not in accordance with the law.

What did the court say in its order?

The court concluded that in the absence of an FIR, not only the money laundering investigation but also the related prosecution complaint is not maintainable. The court also clarified that taking cognizance in a money laundering case based on a complaint filed by a private individual is legally unacceptable.

What does the Delhi court's order mean?

Regarding the court's order in the National Herald case, ED sources say that the court has given this decision only on technical grounds and has not commented on the merits of the case. According to sources, the ED will continue its investigation after the Delhi Police registers an FIR, and as soon as the Delhi Police files a chargesheet, the ED will file its chargesheet again. The ED claims that this is a clear case of money laundering.

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Congress leaders accused in the National Herald case

The Enforcement Directorate (ED) had named Sonia Gandhi, Rahul Gandhi, Sam Pitroda, Suman Dubey, Sunil Bhandari, along with Young Indian and Dotex Merchandise Private Limited as accused in its chargesheet filed in the National Herald case. The Congress party alleged that the ED's action was entirely politically motivated. The ED has also accused them of illegally usurping assets worth more than Rs 2,000 crore belonging to Associated Journals Limited (AJL).

Summary

Sonia Gandhi and Rahul Gandhi have received significant legal relief in the National Herald case. The Rouse Avenue Court in Delhi refused to take cognizance of the Enforcement Directorate's charge sheet. The court stated that investigation and prosecution for money laundering without an FIR is not legally valid.