National Herald Case: Sonia and Rahul Gandhi Charge Enforcement Directorate with Extraneous Considerations in Written Submission to Delhi High Court

Congress leaders Sonia Gandhi and Rahul Gandhi have filed a formal written submission in the Delhi High Court, accusing the Enforcement Directorate of acting under extraneous considerations in the National Herald investigation. The leaders argued that initiating a money laundering probe based on a private complaint without an underlying police FIR violates established legal procedure and international standards. They requested the dismissal of the agency appeal challenging a trial court order that previously refused to take cognizance of the case.

By Rakesh Raman
New Delhi | September 23, 2026

Sonia and Rahul Gandhi Challenge ED Investigation in Delhi High Court

RMN NEWS DESK — In the latest development surrounding the National Herald legal dispute, senior Congress leaders Sonia Gandhi and Rahul Gandhi have submitted a detailed written response to the Delhi High Court, alleging that the Enforcement Directorate (ED) has been guided by extraneous considerations in its financial investigation.

The submission came before Justice Sachin Datta, who has scheduled the next hearing for October 12. The Gandhi family’s legal response challenges an appeal filed by the investigative agency seeking to overturn a lower court decision that halted prosecution proceedings.

Allegations of Procedural Deviations and “Undue Haste”

In their response, Sonia Gandhi and Rahul Gandhi pointed out that the Enforcement Directorate registered an Enforcement Case Information Report (ECIR) in 2021 based on a 2014 private complaint filed by former Union Minister Subramanian Swamy. The Congress leaders highlighted that seven years elapsed between the original private complaint and the registration of the ECIR.

A central argument in the written response focuses on the statutory requirement for initiating money laundering inquiries. The Gandhis asserted that the agency itself has consistently maintained in judicial forums that an investigation under the Prevention of Money Laundering Act (PMLA) cannot commence without a formal First Information Report (FIR) registered for a scheduled or predicate offence.

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The leaders stated that proceeding with a money laundering probe stemming solely from a private magistrate complaint makes this case a singular exception across the country. They argued that the agency’s calculated silence regarding this departure from standard protocol raises serious questions about why separate treatment was applied, asserting that the approach violates both domestic legal norms and international Financial Action Task Force (FATF) standards.

Furthermore, the response scrutinized the agency’s actions following a major legal setback in late 2025. On December 16, 2025, the trial court refused to take cognizance of the prosecution complaint filed against Sonia Gandhi, Rahul Gandhi, Sam Pitroda, and others, ruling that the case was rooted in a private complaint rather than a police FIR. The agency appealed the decision before the Delhi High Court the very next day, on December 17, 2025. The Gandhi family contended that filing an appeal within twenty-four hours demonstrates extraordinary interest and undue haste, describing the petition as an abuse of the legal process that warrants dismissal.

Background of the National Herald Dispute

The National Herald case stems from a private complaint lodged by Subramanian Swamy accusing Sonia Gandhi, Rahul Gandhi, Motilal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda, and Young Indian Private Limited of criminal conspiracy, fraud, breach of trust, and misappropriation of property. The allegations center on the transaction through which Young Indian acquired Associated Journals Limited (AJL), the publisher of the National Herald newspaper.

In April 2025, the agency filed a prosecution complaint alleging proceeds of crime valued at ₹5,000 crore. However, the trial court’s refusal to take cognizance in December 2025 established a pivotal legal obstacle for the prosecution, leading to the ongoing proceedings in the Delhi High Court.

Parallel Legal Proceedings and Political Implications

The defense strategy in the National Herald proceedings coincides with other legal matters concerning Congress leadership. In August 2026, Rahul Gandhi approached the Supreme Court seeking relief regarding an investigation into alleged disproportionate assets originating from proceedings in the Allahabad High Court.

Recently, the Supreme Court extended an interim stay order restraining the Central Bureau of Investigation (CBI) and the Enforcement Directorate from advancing proceedings in the Uttar Pradesh court related to those allegations.

As the legal proceedings unfold across multiple judicial forums, the upcoming October 12 hearing before the Delhi High Court remains a significant benchmark for determining whether money laundering prosecutions can proceed on the basis of private judicial complaints.

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Frequently Asked Questions (FAQs)

What is the recent update in the National Herald case involving Sonia and Rahul Gandhi?

Sonia Gandhi and Rahul Gandhi filed a written response in the Delhi High Court accusing the Enforcement Directorate of acting under extraneous considerations and committing procedural irregularities. The High Court has adjourned the matter for further hearing until October 12.

Why are the Gandhis challenging the Enforcement Directorate’s probe?

The leaders argue that the money laundering probe was registered solely on a private complaint without an underlying police FIR. They contend this violates statutory law, established agency precedent, and Financial Action Task Force (FATF) international guidelines.

What did the trial court decide in December 2025?

On December 16, 2025, the trial court refused to take cognizance of the agency’s prosecution complaint, ruling that money laundering proceedings could not proceed based on a private magistrate complaint without an underlying FIR.

What is the significance of the upcoming October 12 High Court hearing?

Justice Sachin Datta will hear arguments on whether the Enforcement Directorate’s appeal against the trial court order is legally maintainable, a ruling that could establish significant legal precedent regarding private complaints under money laundering laws.

By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of the humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.