National Herald: Magistrate orders Delhi Police to give FIR copy to Gandhis; Sessions Court stays order 2 days later

Three days after the Delhi Police filed an FIR against Rahul Gandhi, Sonia Gandhi and others in the National Herald case, a Magistrate ordered the police to inform the Gandhis and other accused about the development and share a copy of the FIR.

However, a Sessions Court stayed the order two days later after the police filed a revision plea.

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.

Additional Public Prosecutor (APP) Atul Srivastava appeared for the police and argued that the Magistrate’s orders are without reference to any legal provision and possibly a case of judicial overreach.

Special Public Prosecutor (SPP) Zoheb Hossain, also appearing for EOW, 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 the copy of the FIR. 

After hearing these arguments, the Sessions Judge stayed the Magistrate’s order.

“The court has considered the impugned order, the opening submissions and also the multiple citations referred by the ld Counsels for the EOW. It is directed that notice of the present petition be issued to the State viz the prosecutor assigned to this court. The matter shall be taken up for submissions on the next date. The operation of the impugned order dated 06.10.2025 is stayed till the next date,” the Court stated in its October 8 order. 

Since then, the case has been taken up for hearing on two dates. On November 1, the Court heard arguments and ordered that the matter be put up on November 25 for orders. When the High Court declared November 25 as a holiday, the case was taken up on November 26. While the order of the said date is not uploaded yet, the case history shows that the judge asked for some clarifications from the police.

The case is now listed for December 15.