Judiciary – Delhi High Court Seeks Replies in ED Appeal on National Herald Case
Judiciary – The Delhi High Court has directed senior Congress leaders Sonia Gandhi, Rahul Gandhi and other respondents to submit their replies within three weeks in connection with the Enforcement Directorate’s appeal against a trial court order in the National Herald money laundering matter.
The direction was issued on Monday by Justice Manoj Jain, who scheduled the next hearing for September 10 after lawyers representing the respondents requested additional time to place their written submissions before the court. The case concerns the Enforcement Directorate’s challenge to an earlier order that declined to take cognisance of the agency’s prosecution complaint.
High Court Grants Three Weeks for Replies
During the proceedings, the High Court acknowledged the request made by counsel appearing for Sonia Gandhi, Rahul Gandhi and the other accused, allowing them three weeks to complete and file their responses if they had not already done so.
Justice Manoj Jain observed that the matter would now be listed for arguments on September 10. The court also recorded that the replies should be submitted within the prescribed period to facilitate further hearings. The notice issued by the High Court on the Enforcement Directorate’s petition dates back to December 22, when the respondents were formally asked to respond to the agency’s challenge.
ED Questions Trial Court’s Decision
Representing the Enforcement Directorate, Solicitor General Tushar Mehta argued that the lower court had committed a serious legal error while declining to proceed with the prosecution complaint. According to him, the issue before the High Court is limited to a legal interpretation rather than a factual dispute.
Mehta also pointed out that the respondents had already been granted nearly two months to file their replies but had not completed the process. While stating that he did not oppose granting them additional time, he emphasized that the appeal primarily raises questions of law that should now be examined by the High Court.
Following these submissions, the court directed that all pending replies be filed within three weeks before the scheduled hearing.
Background of the Trial Court Order
The appeal arises from a Delhi trial court’s order dated December 16, in which the court refused to take cognisance of the Enforcement Directorate’s prosecution complaint filed under the Prevention of Money Laundering Act (PMLA).
The trial court held that the complaint, in its present form, was not maintainable because the money laundering proceedings were not founded on a First Information Report (FIR) registered by an investigating agency. At the same time, the court observed that the Delhi Police had registered an FIR relating to the broader dispute, a fact noted during its consideration of the matter.
It is this finding that the Enforcement Directorate has challenged before the Delhi High Court, seeking a reversal of the trial court’s decision.
Individuals and Entities Named in the Case
Besides Sonia Gandhi and Rahul Gandhi, the Enforcement Directorate’s prosecution complaint also names Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise and Sunil Bhandari as accused.
The investigation originated from a private complaint filed by BJP leader Subramanian Swamy before a metropolitan magistrate. Based on that complaint, the Enforcement Directorate initiated its inquiry into the alleged money laundering aspects connected to the National Herald case.
With the High Court now fixing September 10 for detailed arguments, the next phase of the proceedings will focus on the legal issues raised in the Enforcement Directorate’s appeal against the trial court’s refusal to take cognisance of its prosecution complaint.