New Delhi: The Gandhi family received a major relief today in the National Herald case. The Rouse Avenue Court in Delhi refused to take cognisance of the chargesheet filed by the Enforcement Directorate (ED). This decision by the Rouse Avenue Court is being seen as a significant victory for Congress leaders Sonia Gandhi and Rahul Gandhi.
The court clarified in its order that the money laundering investigation and the related prosecution process cannot be considered valid unless a proper FIR is registered for the underlying offence. The court further stated that under the provisions of the PMLA (Prevention of Money Laundering Act), the ED must have an FIR registered for the relevant offence before initiating an investigation.
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The court noted that the FIR on which the money laundering investigation was supposed to be based has not yet been registered. According to the court, the CBI has so far refused to register an FIR in this case. Despite this, the ED proceeded with the investigation by registering an ECIR (Enforcement Case Information Report) without an FIR. The court deemed this action unlawful.