A Delhi court on Tuesday refused to take cognisance of proceedings linked to a fresh FIR in the National Herald matter, noting that the Enforcement Directorate’s case flows from a private complaint, not from an FIR.

The Rouse Avenue Court observed that the ED investigation in the case is based on a complaint filed by BJP leader Subramanian Swamy and subsequent summoning orders, rather than an FIR. On that basis, the court said cognisance could not be taken in the manner sought.

The court also ruled that Rahul Gandhi, Sonia Gandhi and other accused are not entitled to receive a copy of the FIR at this stage. At the same time, it allowed the ED to continue further investigation.

Political reactions

Following the order, the Congress claimed the court’s view exposed the case as politically driven and argued that the ED’s action lacked jurisdiction because it was not grounded in an FIR. The party reiterated its stand that there is no money laundering and called the proceedings a political vendetta.

The BJP rejected the allegation of political targeting. Senior leader Ravi Shankar Prasad said the complaint predates the current government and urged the Congress to respond on the merits of the case instead of blaming investigative agencies. He also said the FIR includes allegations such as criminal conspiracy and cheating under provisions of the older penal law, citing the age of the case.

What’s next

With the court allowing further investigation, the legal process remains ongoing, even as the court has declined to take cognisance in the proceedings tied to the fresh FIR at this point.

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