Court – Delhi High Court to Examine ED Challenge in Herald Case
Court – The Delhi High Court is set to hear a significant plea on Monday filed by the Enforcement Directorate (ED), contesting a lower court’s decision in the National Herald-linked money laundering case involving senior Congress leaders Sonia Gandhi, Rahul Gandhi, and others.
ED Challenges Trial Court’s Refusal
The Enforcement Directorate has approached the High Court after a trial court declined to accept its chargesheet in the case. The lower court had ruled that taking cognisance of the complaint was not legally valid because it was not based on a formal First Information Report (FIR). This finding prompted the agency to seek judicial intervention, arguing that its investigation and subsequent complaint were in accordance with legal provisions.
The matter will be taken up by Justice Swarana Kanta Sharma, who is already presiding over another high-profile case related to the alleged excise policy irregularities.
Parallel Proceedings in Excise Case
Justice Sharma is also handling proceedings connected to the excise policy case, where the Central Bureau of Investigation (CBI) has challenged a trial court’s order that discharged former Delhi Chief Minister Arvind Kejriwal and several others. The CBI has questioned the basis of that decision and is seeking a reconsideration at the High Court level.
In connection with this case, Kejriwal is expected to appear before the court on Monday. He is likely to request that his response to the CBI’s affidavit be formally placed on record. His submission relates to an earlier application in which he had sought the judge’s recusal, citing concerns about a potential conflict of interest.
High Court Notice to Accused
In the National Herald matter, the High Court had previously issued notices on December 22 to Sonia Gandhi, Rahul Gandhi, and other individuals named in the case. These notices were issued both on the main petition filed by the ED and on an accompanying application seeking to put a hold on the trial court’s December 16, 2025 order.
The enforcement agency had argued that the trial court’s interpretation of the law could affect the progress of its investigation and potentially set a precedent for similar cases. By requesting a stay, the ED aims to prevent any delay or legal complications while the High Court reviews the matter in detail.
Legal Questions at the Core
At the heart of the dispute lies a key legal question: whether a money laundering complaint filed by the Enforcement Directorate must necessarily be linked to an FIR. The trial court had concluded that such a requirement was essential, leading it to reject the agency’s chargesheet.
However, the ED maintains that its powers under the Prevention of Money Laundering Act (PMLA) allow it to proceed based on information gathered during its investigation, even if an FIR is not directly cited in the complaint. The High Court’s decision on this issue is expected to have wider implications for how similar cases are handled in the future.
Focus on Due Process
Legal experts are closely watching the proceedings, as the case touches upon procedural aspects of criminal law and the scope of investigative agencies. The High Court is likely to examine whether the trial court’s reasoning aligns with established legal principles and statutory provisions.
Monday’s hearing is expected to involve preliminary arguments from both sides, with the court deciding the next course of action after considering the submissions. The outcome could determine whether the chargesheet is reinstated or whether the trial court’s decision is upheld.