Sonia and Rahul Gandhi have filed replies to the Enforcement Directorate’s high‑court petition, labeling it an abuse of law. They argue that the agency’s plea, which was filed the day after the trial court’s 16 December 2025 order, oversteps the provisions of the PMLA. The court had earlier ruled the ED’s complaint impermissible because it was based on a private complaint rather than an FIR.
The National Herald case traces back to a 2014 investigation that began after BJP leader Subramanian Swamy lodged a complaint with the CBI. Despite the CBI summoning the party, it never registered an FIR, leaving the ED to seek cognisance in the absence of statutory grounds. The trial court said the agency’s charge sheet could not be pursued without an FIR, a stance the ED now contests.
Counsel Sushil Bajaj, Tarannum Cheema, and Kanishka Singh framed the reply as a defense of legal soundness. They blasted the ED’s ‘lightning‑speed’ move, noting that approvals are normally required before such a filing. The high court also serves notice to other parties, including Suman Dubey and Sam Pitroda, who were named in the ED’s petition.
Justice Sachin Datta has scheduled a hearing for 12 October 2026. The decision is expected to clarify whether a private complaint can trigger PMLA proceedings, a question that could reshape future investigations.