National Herald Case: Delhi HC Sets October 12 Hearing on ED Plea Against Gandhis

The Delhi High Court has scheduled October 12, 2026, for further hearing in the Enforcement Directorate’s (ED) challenge to a trial court order concerning the National Herald money laundering case involving Congress leaders Sonia Gandhi and Rahul Gandhi. The development follows written responses filed by the two leaders opposing the ED’s plea.

Gandhis Oppose ED’s Plea

Sonia Gandhi and Rahul Gandhi filed their replies before the Delhi High Court on September 18. In their responses, they argued that the ED’s proceedings were not legally maintainable and sought dismissal of the agency’s challenge to the trial court order.

The Gandhis have argued that the ED’s money laundering proceedings were initiated on the basis of a private complaint rather than an FIR relating to a scheduled offence. They have also challenged the legal basis on which the ED proceeded with its investigation under the Prevention of Money Laundering Act (PMLA).

What Is the Legal Dispute?

The case stems from a private complaint filed by BJP leader Subramanian Swamy, alleging irregularities involving Associated Journals Ltd (AJL), the publisher of the National Herald newspaper, and Young Indian.

The ED subsequently investigated the matter under the PMLA and filed a prosecution complaint in April 2025 against the Gandhis and other individuals and entities.

A special court on December 16, 2025, declined to take cognisance of the ED's complaint. The court held that the proceedings were not maintainable because the money laundering case was not founded on an FIR relating to the scheduled offence.

ED Challenges Trial Court Order

The ED approached the Delhi High Court against the trial court's decision on December 17, 2025. The agency has argued that criminal proceedings can originate through a private complaint before a magistrate and that the trial court's interpretation could restrict the operation of the PMLA.

The High Court had subsequently issued notices to Sonia Gandhi, Rahul Gandhi and other respondents, including Sam Pitroda, Suman Dubey, Sunil Bhandari, Young Indian and Dotex Merchandise Pvt Ltd.

Gandhis Question ED’s Reliance on Private Complaint

In their replies, the Gandhis have argued that the ED's case represents an unusual instance of a money laundering investigation being initiated on the basis of a private complaint. They have also referred to earlier ED positions and internal circulars concerning the need for an FIR in the scheduled offence before money laundering proceedings can be initiated.

Their response further points to the time gap between the original complaint and the registration of the ED's Enforcement Case Information Report (ECIR), which the Gandhis have cited in support of their legal arguments.

What Happens Next?

The Delhi High Court will hear the matter further on October 12, 2026. The hearing will focus on the legal issues surrounding the ED's challenge to the trial court's order and the maintainability of the agency's prosecution complaint under the PMLA.

The October hearing is therefore expected to provide further clarity on the legal arguments raised by both sides. The High Court's proceedings remain ongoing, and the allegations in the underlying case have not been finally adjudicated.