New Delhi: Sonia Gandhi and Rahul Gandhi have said it is “abuse of the process of law” that ED has challenged in Delhi High Court a trial court order refusing to take cognisance of its charge sheet against them in the National Herald-linked money laundering case.
Tuesday, Justice Sachin Datta was informed by the Gandhis’ counsel that they filed the replies on Sept 18. The court listed the matter for further hearing on Oct 12.
In a response filed in HC, the Gandhis have opposed ED’s revision petition, saying it is “not maintainable” as the trial court’s order is “perfectly legal and sound in law and does not suffer from any jurisdictional error, perversity, irregularity or illegality”.
In its order, the trial court had said that the agency’s probe stemmed from a private complaint, and not an FIR, and despite receiving the complaint made by BJP leader Subramanian Swamy and the consequent summoning order in 2014, the CBI refrained from registering an FIR in relation to the alleged scheduled offence. 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.
On Dec 16, 2025, the trial court had held that cognisance of the agency’s complaint in the case was “impermissible in law” as it was not founded on an FIR. The reply also mentioned that ED has filed the petition in the high court at “lightning speed” as the order was passed by the trial court on Dec 16, 2025, and the agency approached the high court on Dec 17.