The Rouse Avenue Court in Delhi refused to take cognisance of the ED money laundering charge against the Gandhis in the National Herald case.
The case is based on an investigation into a complaint by a private person, and not on an FIR of a predicate offence.
The ED had accused Congress leaders of conspiracy and money laundering.
Delhi Court Refuses To Take Cognisance Of ED Chargesheet Against Gandhis
Special Judge Vishal Gogne noted the chargesheet filed in the case is based on an investigation into a complaint by a private person, and not on an FIR.
Summary
A Delhi court on Tuesday refused to take cognisance of the Enforcement Directorate's money laundering charge against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case.
Special Judge of the Rouse Avenue Court Vishal Gogne noted the chargesheet filed in the case is based on an investigation into a complaint by a private person, and not on an FIR of a predicate offence. Its cognisance is impermissible in law, the judge said.
Reading out the operative part from the order, the judge said the Delhi Police's Economic Offences Wing has already lodged an FIR in the case, and hence it will be premature to adjudicate on ED's arguments in the case based on merits.
The ED has accused Congress leaders Sonia Gandhi and Rahul Gandhi, as well as late party leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering.
It has been alleged that they acquired properties worth approximately Rs 2,000 crore belonging to Associated Journals Limited (AJL), which publishes the National Herald newspaper.
The investigation agency further alleged that the Gandhis held the majority 76 per cent shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a Rs 90 crore loan.
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