The Rouse Avenue Court in Delhi has postponed its decision on whether to take cognisance of the Enforcement Directorate’s (ED) chargesheet in the high-profile National Herald money-laundering case. The order, originally expected on Saturday (November 29), will now be delivered on December 16. The matter involves Congress leaders Sonia Gandhi, Rahul Gandhi, and several others.

Case Rooted in 2012 Complaint

The investigation stems from a 2012 complaint filed by BJP leader Subramanian Swamy, alleging large-scale financial irregularities in the dealings of Associated Journals Ltd (AJL), the company that published the now-defunct National Herald newspaper.

According to the ED, Congress leaders allegedly conspired through Young Indian Pvt Ltd (YI)—where Sonia Gandhi and Rahul Gandhi each hold a 38% stake—to acquire AJL’s assets valued at over ₹2,000 crore for just ₹50 lakh. The agency claims that the deal was executed using Congress party loans and involved fake rent receipts, sham transactions, and manipulation of financial records.

Who Has Been Named in the Chargesheet?

The chargesheet, filed under Sections 44 and 45 of the Prevention of Money Laundering Act (PMLA), names:

• Sonia Gandhi

• Rahul Gandhi

• Sam Pitroda

• Suman Dubey

• Late Motilal Vora

• Oscar Fernandes

• Young Indian Pvt Ltd

• Dotex Merchandise Pvt Ltd

The case draws links to predicate offences under the Indian Penal Code, including Section 420 (cheating) and Section 406 (criminal breach of trust).

Representing the accused are senior advocates Abhishek Manu Singhvi (for Sonia Gandhi), RS Cheema (for Rahul Gandhi), and Pramod Dubey (for Dotex Merchandise). Additional Solicitor General SV Raju appeared for the Enforcement Directorate.

Court Emphasises Procedural Fairness

Special Judge Vishal Gogne had earlier reserved his order on November 7 after the ED provided clarifications on the alleged fund flows and the financial trail. During the hearing, the court upheld the accused persons' right to a pre-cognisance hearing under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), ensuring that procedural fairness is maintained.

The court also rejected the ED’s request for an early reply by the accused, observing that due process must be balanced with the requirements of the PMLA.

What Led to Today’s Adjournment?

Saturday’s adjournment came amid detailed arguments on ensuring that the PMLA trial runs parallel to the predicate offences case without compromising procedural safeguards. The court noted the complexity of merging money-laundering charges with underlying IPC offences and opted to give additional time before taking a formal view on the chargesheet.