In a significant development in the long-running National Herald case, a Delhi court on Tuesday delivered key rulings that shape the future course of the investigation. The Rouse Avenue court declined to take cognisance of proceedings linked to a fresh FIR, while simultaneously permitting the Enforcement Directorate (ED) to proceed with its probe.
Court's Key Rulings and Legal Reasoning
The court, presided over by a magistrate, made two crucial observations. Firstly, it refused to take cognisance based on the new FIR registered by the Delhi Police's Economic Offences Wing (EOW). The judge noted that the ED's investigation originates from a private complaint filed by BJP leader Subramanian Swamy and subsequent summoning orders from a magistrate, not from an FIR. This legal distinction formed the core of the court's decision.
Secondly, the court ruled that the accused, including Leader of Opposition Rahul Gandhi and former Congress president Sonia Gandhi, are not entitled to receive a copy of the FIR at this stage of the proceedings. However, in a move that allows the probe to advance, the court explicitly authorized the Enforcement Directorate to continue with its further investigation into the matter.
Political Reactions and Allegations
The court's decision triggered sharp political reactions. The Congress party launched a fierce attack on the ruling BJP, accusing it of engaging in a "politics of harassment, intimidation and vendetta" against its top leadership. Congress representatives alleged that the "Modi-Shah duo" was blatantly misusing central investigative agencies to target political opponents.
The party reiterated its stance that the National Herald case is "completely bogus," expressing confidence that justice would ultimately prevail. The FIR in question was registered by the EOW based on a complaint from the ED, which is conducting a money laundering probe related to the case.
BJP's Counter and Legal Standpoint
Senior BJP leader and former Union Law Minister, Ravi Shankar Prasad, swiftly rejected the Congress's allegations, terming them "baseless." He provided a historical context, stating that the private complaint which initiated the legal process was filed back in 2008, a period when Prime Minister Narendra Modi was not in office at the Centre.
"Congress is levelling false and baseless allegations. We vehemently condemn it and request them to give an account of the loot they committed instead of giving speeches," Prasad stated. He emphasized letting the law take its own course. He also clarified the legal charges, noting that in the FIR, Sonia Gandhi and Rahul Gandhi have been charged under Section 120(B) for criminal conspiracy and Section 420 for cheating under the old Indian Penal Code, as the case dates back several years.
The National Herald case continues to be a major political and legal flashpoint, with Tuesday's court order setting the stage for the next phase of this high-profile investigation.
