Reversing an order by its former director Rajan Katoch, the Enforcement Directorate (ED) has cleared the decks for an investigation into the National Herald case involving president Sonia Gandhi, her son and party vice-president Rahul Gandhi and other senior Congress leaders.
On August 26, Karnail Singh, the new ED director in-charge, issued a circular clarifying that the ED can investigate a case even in the absence of a predicate offence such as an FIR by police or any other investigating agency if the court has taken cognizance of a complaint.
“…cognizance taken by the judicial magistrate on police report or enquiry report or on the basis of complainant’s evidence, the judicial magistrate functions after finding the prima facie case against the accused after application of judicial mind. While registering the Enforcement Case Information Report (ECIR), the paramount consideration should be only the potential money laundering aspect,” the circular stated.
Source : Indian Express