Delhi Court Relief for Gandhis But Case Remains Alive
The National Herald case took a decisive turn this week as a Delhi court refused to take cognisance of the Enforcement Directorate’s money‑laundering complaint against Sonia Gandhi, Rahul Gandhi and others, handing them significant but limited relief. However, the National Herald case remains alive in various forms, with the ED indicating it will appeal and also rely on a fresh FIR to continue its investigation.
What the Delhi Court Decided
In the latest National Herald case development, the Rouse Avenue court held that it could not take cognisance of the ED’s prosecution complaint filed under the Prevention of Money Laundering Act (PMLA). The court found that the ED had premised its money‑laundering case on a private criminal complaint by BJP leader Subramanian Swamy rather than on a regular police or CBI FIR for a scheduled offence, which is required as a predicate for PMLA proceedings.
As a result, the National Herald case complaint filed by the ED in its current form cannot move to trial stage, providing immediate relief to the Congress leaders named in it. The order is therefore a setback to the agency’s present strategy, but it does not examine or decide the underlying allegations of cheating or money laundering on their merits.
No Acquittal in National Herald Case
Despite the strong political messaging around the ruling, the National Herald case has not ended with a full acquittal of Sonia Gandhi or Rahul Gandhi. The court has neither pronounced them innocent nor discharged them after a full trial; it has only declined to take cognisance of this specific ED complaint because of how the case was initiated.
The BJP has already underlined that in the National Herald case the Gandhis “still stand accused” and continue to be on bail, stressing that there is no formal clean chit. ED officials have also indicated that the agency will challenge the order and may file a fresh prosecution complaint after aligning it with a new predicate FIR.
ED Plan to Appeal and Rework
Soon after the order, reports quoting ED sources said the agency would appeal the Delhi court’s refusal to take cognisance in the National Herald case. In addition, the ED is understood to be relying on a new Delhi Police FIR registered in October 2025, which relates to alleged financial irregularities around Associated Journals Limited (AJL) and Young Indian, to build a fresh PMLA case.
Therefore, the National Herald case is expected to continue in a reconfigured legal form, rooted in this new predicate offence and subjected to further judicial scrutiny in higher courts. This means the current relief, while important, is best seen as a procedural victory rather than the final curtain on ED’s money‑laundering investigation.
National Herald Case Background
The National Herald case centres on the transfer of control of AJL, which published the now‑defunct National Herald newspaper, to the Congress‑promoted company Young Indian. Subramanian Swamy’s private complaint alleges that Congress funds were improperly used to acquire AJL’s assets and that the Gandhis and others criminally misappropriated property worth hundreds of crores.
These allegations triggered multiple legal tracks: the private complaint itself, subsequent PMLA proceedings by the ED treating the alleged gains as “proceeds of crime”, and related income‑tax disputes around the transactions. The latest ruling touches only the ED’s current PMLA complaint, not the broader civil and tax‑related strands of the National Herald case.
Congress Claims Vindication
Congress quickly seized on the Delhi court order, framing it as a major vindication in the long‑running National Herald case. Party president Mallikarjun Kharge described the 16 December ruling as a “slap on the face” of Prime Minister Narendra Modi and Home Minister Amit Shah, alleging that the ED had been weaponised for political vendetta.
Senior Congress leaders argued that the National Herald case has now been exposed as legally untenable, accusing the government of hounding the Gandhis for years on the basis of a flawed complaint. On this basis, the party demanded that Modi and Shah resign, claiming that their “misuse of agencies” stands discredited by the court’s refusal to entertain the ED’s prosecution complaint.
BJP Counters “Misleading” Narrative
The BJP hit back, accusing Congress of misleading the public on the status of the National Herald case. Party spokespersons emphasised that the court order focuses on the legal maintainability of the ED complaint and does not amount to a clean chit on the allegations themselves.
They also pointed out that the National Herald case proceedings remain open in multiple forums, including the continuing bail conditions and the prospect of a fresh PMLA complaint once the ED aligns its case with the new FIR. According to the BJP, Congress is wrongly portraying a procedural setback for the ED as final exoneration of its leadership.
What Exactly is the “Relief”?
The core relief in the National Herald case is that the Delhi court has refused to move the ED complaint forward to trial. In practical terms, this means no fresh process will issue from that complaint against Sonia Gandhi, Rahul Gandhi and other accused until and unless a higher court reverses the order or the ED files a new, legally compliant complaint.
However, the accused remain bound by previous bail orders and the underlying allegations have not been adjudicated or set aside. The judgment is therefore best read as a strong procedural check on how PMLA cases can be built, rather than a determination that the National Herald case has no substance.
Implications for PMLA Strategy
Legal commentators note that the ruling could influence how the ED structures future money‑laundering cases linked to private complaints. Courts may insist more strictly that PMLA proceedings rest on properly registered FIRs or chargesheets in scheduled offences, rather than on standalone complaints.
In the National Herald case, the ED is already seeking to align its strategy with the fresh Delhi Police FIR, which is expected to address the court’s criticism about the absence of a proper predicate case. How higher courts interpret and possibly refine these requirements will be crucial not only for this case but for several other politically sensitive PMLA matters.
Political Stakes Ahead
Politically, the National Herald case remains a potent symbol for both sides. Congress portrays the latest ruling as proof that the government’s narrative around corruption has been punctured, while the BJP insists it demonstrates only that agencies must fine‑tune procedure, not that the Gandhis have been cleared.
With the ED likely to appeal and re‑file, the National Herald case will continue to generate courtroom battles and political messaging in the run‑up to future elections. The eventual outcome will shape not just the legal fate of key Congress leaders, but also wider debates over agency powers, PMLA safeguards and alleged misuse of investigative bodies in Indian politics.
