Gandhis Challenge ED's Jurisdiction in National Herald Case
· India · Indian Express, NDTV, ANI
Sonia and Rahul Gandhi have opposed the Enforcement Directorate's plea before the Delhi High Court in the National Herald money laundering case, arguing the ED cannot proceed based on a private complaint. They stated there is 'no question of a complaint by a private person for an offence… enabling the ED to assume jurisdiction'. The Gandhis noted the case is the 'single instance in the entire country where a department has proceeded on the basis of a private complaint'. The complaint originated from former BJP MP Subramanian Swamy, and the ED moved the Delhi High Court in December last year challenging a trial court's judgment that refused to take cognisance of its chargesheet. The trial court had held that the Prevention of Money Laundering Act, 2002 contemplates complaints only from investigating officers, not private persons.
Why it matters
The Gandhis' challenge questions the legal foundation of the ED's case against them, potentially affecting the proceedings in the National Herald matter. A ruling in their favour could restrict the ED's ability to initiate PMLA cases based on private complaints, impacting future investigations.
Read the original report — Indian Express
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