Delhi High Court Defers Hearing on ED Plea in National Herald Case to March 9

New Delhi, Feb 2026 : The Delhi High Court on Thursday adjourned the hearing on a plea filed by the Enforcement Directorate (ED), which challenges a trial court order refusing to take cognisance of its prosecution complaint in the National Herald money laundering case involving senior Congress leaders.

A single-judge Bench of Justice Swarana Kanta Sharma deferred the proceedings after observing that the matter requires a detailed and substantive hearing. The court has now scheduled arguments on the ED’s revision petition for March 9, giving both sides time to complete pleadings and prepare for an in-depth examination of the legal issues involved.

The ED has challenged a December 16, 2025 order passed by a Special Judge at Rouse Avenue Court, which had dismissed the agency’s prosecution complaint filed under the Prevention of Money Laundering Act (PMLA). The trial court had declined to take cognisance of the alleged offences, holding that a money laundering case could not be sustained when the scheduled offence was based on a private complaint rather than a police FIR.

Earlier, while issuing notice on the ED’s plea, the High Court had noted that the matter “requires consideration” and directed the respondents, including Sonia Gandhi and Rahul Gandhi, to file their replies.

Appearing on behalf of the ED, Solicitor General Tushar Mehta argued that the trial court had committed an error of law by concluding that a prosecution complaint under the PMLA cannot be founded on a scheduled offence arising from a private complaint. He contended that the Special Judge adopted an unduly narrow interpretation of the law while dismissing the agency’s case at the threshold.

The ED maintained that cognisance taken by a competent court on a private complaint stands on a “much higher footing” than the registration of an FIR by the police. According to the agency, criminal law can be set into motion either through a police investigation or by way of a private complaint filed before a magistrate. Therefore, it argued, the trial court could not have rejected the prosecution complaint solely on the ground that the scheduled offence did not originate from a police case.

The high-profile matter relates to allegations that senior Congress leaders conspired to illegally acquire control over assets worth more than Rs 2,000 crore belonging to Associated Journals Limited (AJL), the original publisher of the National Herald. The ED alleges that the takeover was executed by paying a nominal sum of Rs 50 lakh through Young Indian, a company in which Sonia Gandhi and Rahul Gandhi are majority shareholders.

The controversy surrounding the National Herald’s assets dates back to 2012, when BJP leader Subramanian Swamy filed a private complaint before a trial court. In his complaint, Swamy accused Congress leaders of cheating and criminal breach of trust in the manner in which AJL’s assets were acquired.

With the High Court now set to hear detailed arguments in March, the case continues to remain one of the most closely watched legal battles involving prominent political figures, carrying significant legal and political implications.