National Herald Case: Delhi Court Halts ED's Direct Complaint Against Gandhis on Procedural Grounds

In a significant, albeit procedural, development surrounding the high-profile National Herald money laundering case, a Delhi special court has effectively put the brakes on the Enforcement Directorate's (ED) direct prosecution complaint against Congress leaders Sonia Gandhi, Rahul Gandhi, and others. It’s not a dismissal of the entire matter, mind you, but rather a firm directive to adhere to established legal protocols.

You see, the court, presided over by Special Judge M.K. Nagpal, declined to take direct cognizance of the ED's complaint. The core of this decision rests squarely on a pivotal Supreme Court judgment – specifically, the ruling in Vijay Madanlal Choudhary vs Union of India. This landmark judgment laid down a crystal-clear mandate: the ED, under the Prevention of Money Laundering Act (PMLA), can only initiate prosecution proceedings if a 'scheduled offense' has already been registered by a predicate agency. Think of it this way: a primary crime (the scheduled offense) must first be investigated and an FIR filed by a primary investigative body, such as the police or CBI, before the ED can step in with its money laundering aspect.

What this means in the context of the National Herald case is crucial. The special court observed that the ED's complaint, in this instance, was filed directly by the Directorate itself. However, there wasn't a prior FIR lodged by a predicate agency that specifically detailed the scheduled offense leading to this particular PMLA prosecution complaint. It's a subtle but profoundly important legal distinction that determines the path forward for such investigations.

For those needing a quick recap, the National Herald case originated from a private criminal complaint filed by BJP leader Subramanian Swamy. He alleged that Sonia Gandhi, Rahul Gandhi, and others were involved in cheating and breach of trust in the acquisition of Associated Journals Ltd (AJL) – the publisher of the National Herald newspaper – by Young Indian Pvt Ltd (YIL). The ED subsequently initiated its money laundering probe based on these allegations.

Ultimately, the special judge hasn't dismissed the allegations entirely. Instead, the court has directed the ED to file its complaint 'in accordance with the law.' This essentially instructs the agency to go back and ensure that all procedural prerequisites are met. It’s a powerful reminder that even in complex cases involving prominent political figures, the legal framework must be meticulously followed, ensuring due process every step of the way. This decision underscores the judiciary's role in upholding the sanctity of legal procedures, compelling agencies to operate strictly within the bounds set by law.