Delhi court rules Sonia Gandhi, Rahul Gandhi not entitled to copy of FIR in National Herald case

A Delhi court on Monday ruled that Congress leaders Rahul Gandhi, Sonia Gandhi and several others are not entitled to be given a copy of the First Information Report (FIR) registered against them by the Delhi Police in connection with the National Herald case.

Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts set aside an order passed by a Magistrate court in this regard.

Judge Gogne, however, ruled that the accused may be informed that the FIR has been registered.

Delhi Police’s Economic Offences Wing (EOW) filed an FIR on October 3, naming the Gandhis, Sam Pitroda, Suman Dubey, Young Indian and others as accused for the offences of cheating, dishonest misappropriation of property and criminal breach of trust along with criminal conspiracy. 

The FIR was based on information provided by the Enforcement Directorate (ED) under Section 66 (2) of the Prevention of Money Laundering Act (PMLA). The ED is already probing the money laundering angle in the case. Those proceedings are based on a cognisance order of the court on a criminal complaint filed by BJP leader Subramanian Swamy. 

According to Court records, on October 4, the police filed a copy of the FIR before the Court of the Additional Chief Judicial Magistrate (ACJM). Two days later, the ACJM directed the police to inform the accused about the said FIR and to supply a copy to them. 

However, on October 8, the Police challenged this order. The matter was listed before Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts, who stayed the order the same day.

The Police argued that the Magistrate’s orders are without reference to any legal provision and possibly a case of judicial overreach.

It was also stated that the ACJM’s directions were in violation of the Supreme Court judgment and that there was no application from any accused for the court to direct the supply of a copy of the FIR.