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        PMLA / Black Money

        National Herald case: 'Illegality', 'malafide intent' of Modi govt exposed, says Siddaramaiah

        December 16, 2025

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        Bengaluru, Dec 16 (PTI) Welcoming the Delhi Court refusing to take cognisance of ED chargesheet against Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald case, Karnataka Chief Minister Siddaramaiah on Tuesday said it has completely exposed the "illegality" and "malafide intent" of the Modi government at the Centre.

        Deputy CM D K Shivakumar too said the Modi government's misuse of power and malafide intent have now been exposed before the nation. "Truth and justice prevail." A court in Delhi on Tuesday refused to take cognisance of the Enforcement Directorate's money laundering charge against Congress leaders Rahul Gandhi, Sonia Gandhi, and five others in the National Herald case.

        The ED, which has accused Sonia and Rahul, 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, said it would file an appeal against the court order.

        "The Hon'ble Court has completely exposed the illegality and malafide intent of the Modi Government. The ED proceedings against Smt. Sonia Gandhi and Shri Rahul Gandhi in the Young Indian case have been held to be without jurisdiction, illegal, and unsustainable in law," Siddaramaiah posted on 'X'.

        He said, with no FIR, no proceeds of crime, no money laundering, and no movement of property, this decade-long "political witch-hunt" against the principal opposition stands defeated.

        "I stand in complete solidarity with Sonia Gandhi and Rahul Gandhi, who have faced this vendetta with courage and dignity. The Congress will never be intimidated. We remain steadfast in our fight for truth, democracy, and the rights of every Indian," he said, adding 'Satyameva Jayate'.

        Special Judge Vishal Gogne noted the chargesheet filed in the case is based on an investigation 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.

        Shivakumar, who has also been issued notice by the Delhi police in connection with the case said, the court has clearly held that the ED proceedings against Congress leadership, Sonia and Rahul, in the Young Indian case are illegal, malafide, and without jurisdiction, as there is no FIR and therefore no case.

        "This decade-long, politically motivated prosecution of the principal opposition party has been laid bare before the people of India. With no money laundering, no proceeds of crime, and no movement of property, the baseless allegations that fueled a sustained campaign of witch hunt, propaganda, and reputation assassination have been decisively rejected," he said.

        The Congress party and its leadership remain steadfast in fighting for truth and the rights of every Indian, undeterred and unafraid, because "our strength lies in truth", he said, adding 'Satyameva Jayate'. PTI KSU KH

        National Herald case: court refused cognisance as ED chargesheet lacked predicate FIR, finding proceedings without jurisdiction. A Delhi court refused cognisance of the ED chargesheet in the National Herald/Young Indian case because the prosecution was based on a private complaint rather than a predicate offence FIR, rendering cognisance impermissible in law. The judge noted that the Delhi Police Economic Offences Wing has lodged an FIR, and therefore it would be premature to decide the ED's merits-based arguments, identifying a jurisdictional and procedural defect in initiating money laundering proceedings without a proper predicate FIR.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                National Herald case: court refused cognisance as ED chargesheet lacked predicate FIR, finding proceedings without jurisdiction.

                                A Delhi court refused cognisance of the ED chargesheet in the National Herald/Young Indian case because the prosecution was based on a private complaint rather than a predicate offence FIR, rendering cognisance impermissible in law. The judge noted that the Delhi Police Economic Offences Wing has lodged an FIR, and therefore it would be premature to decide the ED's merits-based arguments, identifying a jurisdictional and procedural defect in initiating money laundering proceedings without a proper predicate FIR.





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