Delhi’s Rouse Avenue Court has ruled that Congress leaders Rahul Gandhi, Sonia Gandhi and other accused are not entitled to receive a copy of the FIR in proceedings linked to a fresh case registered by the Delhi Police’s Economic Offences Wing in the National Herald matter. The court stated that the Enforcement Directorate may continue further investigation, but clarified that cognisance cannot be taken at this stage. It observed that the ED’s case stems from a private complaint filed by Subramanian Swamy and subsequent summoning orders, rather than an FIR. Consequently, the court declined to take cognisance of the ED chargesheet in the money laundering case.
Reacting to the order, Advocate Shaurya Veer Singh told ANI, "The judge said that the ED was misused and that BJP members turned it into a tool, and that, too, only against the opposition. Under Section 3 of the Money Laundering Act, the judge held that it is illegal to conduct a trial in court on behalf of a private complainant. That's why the judge did not take cognisance and further ordered the ED to explain why they alone took action in this case. There are the CBI and other departments, none of whom filed an FIR, so it was considered baseless and unfounded... The court further ordered the ED that if they want to make any submissions on the next date, January 16th, they should do so. Information was allowed in the UOW case, but cognisance was refused in this case..."
Also Read: Nagpur: Drone Spotted Over Solar Industries Airstrip, FIR Registered, Investigation Underway
Special Judge Vishal Gogne noted that the chargesheet was based on an investigation arising from a private complaint and not from an FIR of a predicate offence, making its cognisance legally impermissible. Reading the operative portion of the order, the judge said the Delhi Police’s EOW has already registered an FIR, and therefore, examining the ED’s arguments on merits would be premature. The ED has accused Sonia Gandhi, Rahul Gandhi, late leaders Motilal Vora and Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian of conspiracy and money laundering, alleging acquisition of AJL properties worth about Rs 2,000 crore.