New Delhi, Dec 16 (PTI) The Congress on Tuesday claimed the "illegality" of the Narendra Modi government and its "politically motivated prosecution stands fully exposed" after a court here refused to take cognisance of the Enforcement Directorate's National Herald money laundering case against Rahul Gandhi, Sonia Gandhi and others.

In a statement, Congress spokesperson Supriya Shrinate said the ED's proceedings against Congress leadership -- Sonia Gandhi and Rahul Gandhi -- in the case have been found to be "completely illegal and malafide" by the court.

"The malafide and illegality of the Modi government stands fully exposed. The court has ruled that the ED case is without jurisdiction; it has no FIR, without which there is no case. This politically motivated prosecution by the Modi government over the last decade of the principal opposition party stands exposed before the people of India," she said.

"No case of money laundering, no proceeds of crime and no movement of property; all baseless charges that have been a part of a political witch hunt, propaganda, reputation assassination and campaign which stands defeated today," Shrinate said.

She said the Congress party and its leadership are committed to fighting for the truth and for the rights of every Indian. "We cannot, and will not ever be intimidated, because we fight for the truth," she added.

Refusing to take cognisance of the federal probe agency's money laundering charge against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case, the court noted that the chargesheet filed is based on a probe into a complaint by a private person and not on an FIR of a predicate offence.

Its cognisance is impermissible in law, the judge said.

Reading out the operative part from the order, the judge said the Delhi Police's Economic Offences Wing has already lodged an FIR in the case, and hence it will be premature to adjudicate on ED's arguments in the case based on merits.

The ED has accused Congress leaders Sonia Gandhi and Rahul Gandhi, as well as late party leaders Motilal Vora and Oscar Fernandes, along with Suman Dubey, Sam 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 Associated Journals Limited (AJL), which publishes the National Herald newspaper.

The investigation agency further alleged that the Gandhis held the majority 76 per cent shares in Young Indian, which "fraudulently" usurped the assets of AJL in exchange for a Rs 90 crore loan. PTI SKC NSD NSD

National Herald case: money laundering charges against Gandhi family deemed based on private complaint lacking FIR and jurisdiction. The judge held that taking cognisance of the Enforcement Directorate's money laundering charge sheet is impermissible where it is based on a private complaint and not on an FIR for a predicate offence, and where the matter is the subject of an FIR already lodged by the police Economic Offences wing; the decision stressed the jurisdictional requirement of a predicate FIR.