
The case has reignited discussions on the necessity of obtaining prior government sanction before prosecuting public servants under the Prevention of Money Laundering Act . In November 2024, the Supreme Court ruled that prior sanction is mandatory for prosecuting public servants accused of money laundering while discharging official duties, as per Section 197 of the Criminal Procedure Code. This decision was highlighted in cases involving other political figures, emphasizing the legal requirement for such sanctions.
However, the ED maintains that the charges against the Gandhis pertain to their roles in YI and AJL, which are separate from their official capacities as Members of Parliament. An ED official, speaking on condition of anonymity, stated that the agency did not seek prior sanction because the alleged offences are unrelated to their parliamentary duties. The official emphasized that the investigation focuses on the financial transactions involving YI and AJL, not on the Gandhis' roles as public servants.
The Congress party has denounced the charges as politically motivated, accusing the ruling Bharatiya Janata Party of using federal agencies to target opposition leaders. Party spokespersons argue that the ED's actions are part of a broader strategy to undermine political opponents. The BJP, in response, denies these allegations, asserting that the legal proceedings are based on evidence and due process.