The Enforcement Directorate (ED) has escalated its legal battle in the high-profile National Herald case by approaching the Delhi High Court. The central probe agency is challenging a lower court's decision that refused to take official notice, or cognisance, of its complaint against Congress leaders Rahul Gandhi and Sonia Gandhi.
The Core Legal Challenge
At the heart of this development is an order passed by a trial court on December 16, 2025. In that ruling, the court held that taking cognisance of the ED's complaint was "impermissible in law." The court's reasoning was specific: the agency's case was not founded on a First Information Report (FIR) registered by the police. This procedural point has become a significant legal hurdle for the investigators.
The ED, which is investigating allegations of money laundering linked to the acquisition of the National Herald newspaper's assets by Young Indian Pvt Ltd, filed its complaint directly before the trial court. The agency's move to the High Court, filed on December 19, 2025, signals its determination to pursue the case on its own terms, bypassing the traditional police FIR route.
Background of the National Herald Case
The National Herald case has been a long-standing political and legal controversy. The allegations centre on the financial transactions involving the now-defunct newspaper's parent company, Associated Journals Limited (AJL), and Young Indian, a company in which Congress leaders hold majority stakes.
Opponents of the Congress party allege that properties worth hundreds of crores were acquired through a complex process that involved misappropriation of funds. The Congress leadership has consistently denied any wrongdoing, framing the case as a politically motivated attack by the central government.
Implications and Next Steps
The ED's appeal to the Delhi High Court marks a critical juncture. The High Court's decision will set a precedent on whether a probe agency can seek cognisance of a charge sheet in a money laundering case without a predicate FIR. A ruling in favour of the ED could reinvigorate the legal proceedings against the Gandhis, while a dismissal would be a major setback for the investigation.
This legal manoeuvre ensures that the National Herald case will remain in the spotlight, continuing to fuel political debates. The proceedings are being closely watched, as their outcome could have significant ramifications for both the political landscape and the legal framework governing financial investigations in India.
