Delhi High Court: Gandhis Challenge ED Action in National Herald Case

Congress leaders Rahul Gandhi and Sonia Gandhi have told the Delhi High Court that the Enforcement Directorate’s (ED) National Herald money laundering case against them is a result of “extraneous” considerations.  They have argued that this was the only case in the country where the ED had proceeded based on a private complaint.According to Gandhis' reply, the ED registered the Enforcement Case Information Report (ECIR) against them based on a private complaint filed by former Union Minister Subramanian Swamy, but the same is not permitted under the law.This shows that the National Herald case was being singled out by the ED, contrary to the agency's own interpretation of law, they claimed.The Congress leaders have stated that the ED itself had consistently taken the position that a money laundering investigation could not be initiated in the absence of an FIR in the scheduled or predicate offence.According to the replies, the ED did not register an ECIR on a complaint filed by Subramanian Swamy in 2014 and only registered the ECIR on June 30, 2021, about 7 years later. The Gandhis have relied on this delay to contend that the agency’s conduct was consistent with its understanding that a private complaint could not, by itself, trigger proceedings under the Prevention of Money Laundering Act (PMLA).“The calculated silence of the department [ED] before the Ld Trial Court during the course of arguments and even before this Hon’ble Court in the revision petition, as to