New Delhi. In the National Herald case, the troubles of Sonia Gandhi and Rahul Gandhi have increased again. The Enforcement Directorate (ED) has approached the Delhi High Court over the lower court’s order refusing to take cognizance of the charge sheet filed against the two leaders.
ED appeals in Delhi High Court against Rouse Avenue Court’s decision
A major action in the case related to Sonia Gandhi and Rahul Gandhi
ED filed appeal
Investigation agency ED filed appeal in Delhi High Court in the case related to National Herald case.
ED appeals in Delhi High Court against Rouse Avenue Court’s decision
Gandhi family got big relief in National Herald case on 16th December
Delhi Court refused to take cognizance of the prosecution complaint filed by ED against the Gandhi family.
Special judge Vishal Gogane had said that – cognizance cannot be taken at this stage as the ED case is based on the private complaint filed by Subramanian Swamy and the summoning orders issued by the magistrate, and not on any FIR.
The court had said that the investigating agency CBI has not yet registered any predicate crime, despite this the ED proceeded with the investigation.
These are also important points in the court’s decision:-
In the absence of an FIR, the investigation of money laundering and the prosecution complaint filed on its basis cannot be sustained.
Money laundering proceedings on such a complaint are also not maintainable.
Taking cognizance of a complaint filed by a private person is not permissible by law.
There is no need to consider/decide on other arguments related to merits etc. of this case.
