The Enforcement Directorate (ED) has not received interim relief from the Delhi High Court in the National Herald case involving properties linked to the Gandhi family. The High Court declined to restrain Associated Journals Limited (AJL) from approaching the PMLA Appellate Tribunal to seek the release of attached properties.
Justice Sachin Datta clarified that the court was not passing any interim order at this stage.
The ED had approached the High Court challenging a trial court order that refused to take cognisance of its money laundering complaint against the Gandhi family.
ED Seeks To Stop Release Of Attached Properties
During the hearing, Additional Solicitor General SV Raju, appearing for the ED, told the court that the companies concerned were seeking to use the trial court’s order to approach the PMLA Appellate Tribunal for the release of attached properties.
The agency sought an interim order to halt the process. However, the High Court declined to grant such relief at this stage, allowing the legal battle over the properties to continue.
Why The Trial Court Rejected ED’s Complaint
On December 16, 2025, Special Judge Vishal Gogne of the Rouse Avenue Court refused to take cognisance of the ED’s complaint, holding that the prosecution complaint was not legally maintainable.
The trial court observed that the ED’s complaint was not based on an FIR relating to a scheduled offence under the Prevention of Money Laundering Act (PMLA).
According to the trial court, the proceedings originated from a private complaint filed by BJP leader Subramanian Swamy. A magistrate had taken cognisance of that complaint and issued summons to the accused.
The court’s reasoning was that the ED’s action rested on proceedings initiated through a private complaint rather than an FIR linked to a scheduled offence under the PMLA.
ED’s Action Against Rahul And Sonia Gandhi
The ED had filed a fresh prosecution complaint against Rahul Gandhi and Sonia Gandhi over alleged money laundering. It sought action under Sections 44 and 45 of the PMLA, alleging an offence under Section 3, which defines money laundering, and invoking Section 4, which prescribes punishment.
The agency challenged the trial court’s order before the Delhi High Court and sought relief. However, the High Court has not granted interim relief during the hearing of the petition.
What Is The National Herald Case?
The case concerns the acquisition of Associated Journals Limited, the publisher of the National Herald newspaper, and its properties.
Young Indian Private Limited (YIL) was incorporated in 2010. According to the ED’s allegations, YIL acquired Congress’s loan of around Rs 90 crore to AJL for Rs 50 lakh, subsequently gaining control of AJL.
AJL’s properties have been valued at more than Rs 2,000 crore. Sonia Gandhi and Rahul Gandhi have held majority stakes in YIL.
The ED alleges that financial transactions linked to the Congress were used as part of a conspiracy to gain control of AJL’s valuable properties. The agency is investigating the transactions as a suspected money laundering case. These remain allegations, and a final judicial determination is awaited.
Rs 661 Crore In Properties Under Investigation
The ED has also initiated proceedings to take possession of AJL-linked properties worth around Rs 661 crore. The properties are covered by attachment proceedings under the Prevention of Money Laundering Act.
The legal dispute continues on two fronts: efforts to secure the release of the attached properties and the ED’s challenge to the trial court’s refusal to take cognisance of its complaint.
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