National Herald case: Delhi HC turns down ED plea to order status quo on attached properties

New Delhi: The Delhi High Court on Monday turned down the Enforcement Directorate's request to order a status quo on the properties attached in the National Herald-linked money laundering case involving Congress leaders Sonia Gandhi, Rahul Gandhi and others.

Justice Sachin Datta said he would not pass any interim order and will finally decide the agency's petition assailing the trial court order refusing to take cognisance of its chargesheet.

Additional Solicitor General S V Raju, appearing for the agency, contended that the accused were seeking release of properties before the tribunal citing the trial court order, which ought to be stopped at this stage.


"They are using this order to get the properties released. Till that time (the ED's challenge to trial court order is decided), status quo may be maintained," he submitted.

"I am not passing any interim order. (Today) there is no case against them. I will hear the matter finally and pass an order," responded the judge.

The ED has passed orders against Congress-promoted National Herald newspaper and companies linked to it provisionally attaching immovable assets and equity shares worth about Rs 752 crore as part of its money laundering investigation.

Raju contended that the trial court rejected the ED's complaint on "hyper technicalities" despite the presence of proceeds of crime and a scheduled offence.

He argued that an investigation by the ED can be sustained even on the basis of a private complaint as the law does not distinguish between a complaint case and a police case.

The law officer emphasised that in the present case, a magisterial court has already taken cognisance of the scheduled offence, which was initiated on a complaint by BJP leader Subramanian Swamy.

On December 22, 2025, the high court had issued notice to the Gandhis and others on the main petition as well as on the ED's application seeking a stay on the December 16 trial court order, which held that cognisance of the agency's complaint in the case was "impermissible in law" as it was not founded on an FIR.

Besides the Gandhis, the high court also issued notices to Suman Dubey, Sam Pitroda, Young Indian, Dotex Merchandise Pvt Ltd and Sunil Bhandari on the ED's plea.

The ED, in its plea in the high court, claimed that the trial court order has in effect given a hall pass to a category of money launderers only on the ground that the scheduled offence is reported by a private individual by way of a complaint to a magistrate.

Sonia Gandhi and Rahul Gandhi have called the ED's plea a "abuse of process of law" and said that the the trial court's order is "perfectly legal and sound in law and does not suffer from any jurisdictional error, perversity, irregularity or illegality".

The ED has accused Sonia Gandhi and Rahul Gandhi, as well as late Congress leaders Motilal Vora and Oscar Fernandes, along with Dubey, Pitroda, and a private company, Young Indian, of conspiracy and money laundering.

It has been alleged that they acquired properties worth approximately Rs 2,000 crore belonging to the Associated Journals Limited (AJL), which published the National Herald newspaper.

It also alleged that the Gandhis held 76 per cent shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a Rs 90 crore loan.

The matter will be heard next in November.