Delhi HC renotifies ED's National Herald appeal for March 9 after Gandhi family seeks time to file reply

New Delhi [India], February 19 : The Delhi High Court on Wednesday renotified the Enforcement Directorate's (ED) appeal in the National Herald case for hearing on March 9 after the Gandhi family and other parties sought additional time to file their reply.

The matter was taken up by a bench headed by Justice Swarna Kanta Sharma. At the outset, Senior Advocate Kapil Sibal, appearing for the Gandhi family, requested two weeks' time to place their response on record and suggested that the case be heard on March 9. The Court took note of the request while fixing the next date of hearing accordingly.

Senior Advocate Pramod Dubey, appearing for one of the firms arrayed as a respondent, sought 4 weeks to file a reply, submitting that his client had been served with the appeal at a very late stage.

The Enforcement Directorate informed the Court that it had already filed an affidavit of service. After hearing the submissions of the parties, the bench adjourned the matter to March 9 for further proceedings.

The appeal has been filed by the ED challenging the Rouse Avenue Court's order declining to take cognisance of its prosecution complaint under the Prevention of Money Laundering Act (PMLA) in connection with the National Herald case.

Among those arrayed as respondents are Congress leaders Sonia Gandhi and Rahul Gandhi, along with others. The ED has contended that the trial court erred in holding that proceedings under the PMLA cannot continue in the absence of an FIR in the scheduled offence, arguing that the law does not mandate such a requirement where cognisance has already been taken on a private complaint.

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