New Delhi, Dec 17 (PTI) The Congress on Wednesday demanded Prime Minister Narendra Modi and Union Home Minister Amit Shah's resignation after a Delhi court refused to take cognisance of the ED's money laundering charge against Sonia Gandhi and Rahul Gandhi in the National Herald case.

The opposition party also vowed to expose the "vendetta politics" against its leadership, asserting that the Congress cadre is agitated and is going to show its strength against the "misuse of agencies." "We will keep fighting them both inside and outside Parliament and teach them a lesson," party president Mallikarjun Kharge said at a press conference.

In a relief to Sonia Gandhi, Rahul Gandhi and five others, a Delhi court on Tuesday refused to take cognisance of the Enforcement Directorate's money laundering charge against them in the National Herald case, holding that the agency's probe stemmed from a private complaint and not an FIR.

"I want to say that after this judgement Modi and Shah should resign because it is like a slap on their face. They should give resignation as they should not harass people like this," Kharge said at the press conference, which he addressed with party leaders K C Venugopal, Abhishek Singhvi, Jairam Ramesh, and Pawan Khera "They should know that if they do such things people will not tolerate it," he said.

Kharge said the Congress has been fighting the issue politically by taking out marches when the top leadership was summoned by the probe agencies.

"We have been fighting on the streets, in Parliament, outside it, and will continue to do it and teach them a lesson," he said.

Venugopal asserted that the Congress will expose the "vendetta politics" of the Modi government.

The entire Congress cadre is agitated and will show its strength all over India against the "misuse of agencies." Singhvi said the law has spoken louder than noise, and termed the National Herald case a story of political vendetta and harassment.

Delivering his order in a case that was marked by a political slugfest and legal battles for several years, Special Judge Vishal Gogne said the cognisance of the ED's prosecution complaint relating to the offence of money laundering was "impermissible in law." The ED complaint was based on an investigation into a complaint by a private person, Subramanian Swamy, and not on an FIR of a predicate offence, the judge said.

The court said it has now become premature and imprudent for it to decide the submissions made by the ED as well as the proposed accused in relation to the merits of the allegations, especially so when cognisance is liable to be declined on a pure question of law.

"Other arguments possibly live to fight another day," it said.

ED officials said the probe agency may file an appeal against the court's order after taking opinions from law officers, including Solicitor General Tushar Mehta.

The ED has accused Congress leaders Sonia 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.

Reacting to the order, the Congress on Tuesday claimed that the "illegality" of the Narendra Modi government and its "politically motivated prosecution stands fully exposed." In a statement, the Congress said the ED's proceedings against Congress leadership -- Sonia Gandhi and Rahul Gandhi -- in the case were found to be "completely illegal and mala fide" by the court. PTI SKC/ASK VN VN

National Herald case: court found money laundering prosecution complaint impermissible because it derived from a private complaint, not an FIR. A court held that taking cognisance of a prosecution complaint for money laundering was impermissible in law because the complaint stemmed from a private complaint and not from an FIR of a predicate offence, making cognisance legally unsustainable and premature to decide on merits.