In a significant development in the National Herald case, Delhi’s Rouse Avenue Court has refused to take cognizance of the Enforcement Directorate’s (ED) chargesheet against Sonia Gandhi and Rahul Gandhi. India Today’s Srishti Ojha reports that the court ruled the money laundering probe ‘not maintainable’ in the absence of a First Information Report (FIR) for the predicate offense. The court noted that the ED’s investigation was based on a private complaint by Subramanian Swamy, which does not meet the legal requirement for a PMLA probe without a corresponding FIR. Srishti Ojha explains, ‘The court has said only complain, no laundering FIRs… cognizance of the complaint is impermissible at this point in time.’ While this brings immediate relief to the Gandhis, the reporter notes that the Economic Offences Wing (EOW) has ‘very recently filed an FIR,’ which the ED could potentially use to launch a new investigation.
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