Leader of Opposition in the Lok Sabha Rahul Gandhi, right, with Congress MPs Sonia Gandhi, left, and Priyanka Gandhi Vadra during a ceremony marking the 2001 Parliament attack's 24th anniversary, at the Samvidhan Sadan, in New Delhi, Saturday, Dec. 13, 2025. (PTI Photo)
A Delhi court Tuesday refused to take cognizance of the Enforcement Directorate’s prosecution complaint filed in the Rs 2,000-crore ‘money laundering’ case against senior Congress leaders Sonia and Rahul Gandhi, and five others.
“Since the present prosecution complaint pertaining to money laundering is founded on cognizance and summoning order upon a complaint by a public person, namely Dr Subramanian Swamy, and not upon an FIR, cognizance of the present complaint is impermissible in law,” said Special Judge Vishal Gogne of Rouse Avenue Court while dismissing the complaint.
“An investigation pertaining to the offence of money laundering is not maintainable on the basis of a complaint under Section 200 CrPC (examination of complainant)… cognizance when such complaint is filed by a public person, and not upon an FIR, is not permissible in law,” Judge Gogne said.
“An FIR is a jurisdictional trigger. Despite receiving the complaint from Subramaniam Swamy, the CBI refused to register an FIR. However the ED filed an ECIR when no FIR registered was in place in relation to the scheduled offence,” the judge added.
The ED’s chargesheet in the case was filed on April 9 this year.
The case originated in 2012 from a criminal complaint filed by Swamy, the then BJP Rajya Sabha MP, against the Gandhis and other leaders of the Congress, whom he accused of fraud in acquiring the property of Associated Journals Limited (AJL) — the publisher of the newspaper, National Herald.
Other than the Gandhis, Congress leaders Suman Dubey and Sam Pitroda have been named as accused in this case. Two firms — Young India and Dotex Merchandise Pvt. Ltd — are also named as an accused.
According to the ED, 99% of AJL’s shares were allegedly transferred to a private firm called Young Indian for “a mere Rs 50 lakh”, even though the value of AJL’s properties exceeded Rs 2,000 crore. The Gandhis hold shares of 38% each in Young Indian, a not-for-profit charitable company.
As per the ED, senior Congress leaders provided an interest-free loan of Rs 90 crore to AJL for a “consideration of just Rs 50 lakh”. The agency claimed that Young Indian was created by the Congress leaders just to launder Rs 2,000 crore.
In May 2019, the ED had attached a 3,360-sqm plot, located in Panchkula’s Sector 6, which had been re-allotted to AJL by the then Congress government of Bhupinder Singh Hooda.
