Kharge Calls for Modi, Amit Shah’s Resignation After Court Refuses to Take Cognisance of ED Charge Sheet in National Herald Case

Congress president Mallikarjun Kharge on Wednesday launched a sharp attack on the Bharatiya Janata Party (BJP), demanding the resignation of Prime Minister Narendra Modi and Union Home Minister Amit Shah after a Delhi court declined to take cognisance of a charge sheet filed by the Enforcement Directorate (ED) in the National Herald case.

The charge sheet had named senior Congress leaders Sonia Gandhi and Rahul Gandhi. Addressing a press conference, Kharge alleged that the case was initiated with political vendetta and aimed solely at harassing the Gandhi family and the Congress leadership.

“This decision of the court is a slap in the face of Narendra Modi and Amit Shah. They should resign and give an assurance that they will not harass people in the future,” Kharge said.

Terming the National Herald case “false,” the Congress chief claimed it was driven by “political revenge” and “malice.” He said the newspaper, founded in 1938 by freedom fighters, was being deliberately defamed by the BJP-led government by linking it to allegations such as money laundering.

“There is nothing in this case. Yet, it is being used as a tool to harass Congress leaders,” Kharge said, reiterating his party’s charge that central agencies, particularly the ED, are being misused to target opposition leaders for political gain.

Welcoming the court’s decision, Kharge said justice had prevailed. “Truth has triumphed. We heartily welcome this verdict,” he added.

What the court said

On Tuesday, a Delhi court refused to take cognisance of the ED’s prosecution complaint in the National Herald case, stating that it was impermissible in law to take judicial notice of the charge sheet and summon Sonia Gandhi and Rahul Gandhi.

The court observed that the ED’s action reflected a unilateral overreach and described it as an “ill-advised out-pacing of the scheme of the Prevention of Money Laundering Act (PMLA).”

Special Judge Vishal Gogne of the Rouse Avenue Court noted that the prosecution complaint was based on a cognisance and summoning order arising from a complaint filed under Section 200 of the Criminal Procedure Code by a private individual, Dr Subramanian Swamy, and not on a First Information Report (FIR).

“Since the present prosecution complaint pertaining to the offence of money laundering is founded on cognisance and summoning order upon a complaint under Section 200 CrPC and not upon an FIR, cognisance of the present complaint is impermissible in law,” the judge said.

The court’s ruling has triggered sharp political reactions, with the Congress hailing it as vindication and the BJP yet to issue a detailed response.