New Delhi: A court here on Tuesday refused to take cognisance of the Enforcement Directorate's money laundering charge against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case.
The ED said it would appeal the order.

Special Judge Vishal Gogne noted that the money laundering proceedings were based on a cognisance and summoning order was passed on a private complaint filed under Section 200 CrPC by BJP leader Subramanian Swamy, and not on an FIR of a predicate offence.

Reading out the operative part from the order, the judge said the Delhi Police's Economic Offences Wing has already lodged an FIR in the case, and hence it will be premature to adjudicate on ED's arguments in the case based on merits.

The ED has accused Sonia Gandhi and Rahul Gandhi, as well as late party leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam Pitroda, and a private company, Young Indian, of conspiracy and money laundering.

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It has been alleged that they acquired properties worth approximately ₹2,000 crore belonging to Associated Journals Ltd (AJL), which publishes the National Herald newspaper.

The investigation agency further alleged that the Gandhis held the majority 76 per cent shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a ₹90 crore loan.

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Recently, the ED has moved to take possession of properties linked to AJL, valued at approximately ₹661 crore, under the Prevention of Money Laundering Act (PMLA).
(With PTI and LiveLaw inputs)

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