The Allahabad High Court has adjourned the hearing of a Public Interest Litigation (PIL) that seeks a Central Bureau of Investigation (CBI) probe into Congress leader and Leader of Opposition in Lok Sabha, Rahul Gandhi’s alleged British citizenship, until October 24.

During the previous hearing, the court had requested the government to clarify whether it had received any representation from S. Vignesh, a BJP Karnataka member and the petitioner in this case, regarding Gandhi's citizenship status and what actions had been taken in response.

Today, the court was informed that Vignesh's representation had indeed been received.

However, Deputy Solicitor General of India, Surya Bhan Pandey, requested additional time to obtain written instructions from the Union Home Ministry concerning the matter.

The DSGI informed the bench, consisting of Justice Rajan Roy and Justice Om Prakash Shukla, that the Union Home Ministry had verbally acknowledged receipt of the petitioner’s representation. Vignesh has also filed a complaint with the CBI seeking a probe into Gandhi's alleged foreign citizenship.

This PIL seeks to invalidate Gandhi’s election as the Member of Parliament (MP) from Rae Bareli. The petition argues that if he is indeed a British citizen, he would be ineligible to stand for election.

It emphasizes that, according to Article 84(a) of the Indian Constitution, foreign citizens cannot be elected as MPs, and Gandhi should have declared his Indian citizenship, particularly if it was obtained after 2003 or 2006, at the time of his nomination.

Vignesh claims to have received information from VSS Sarma, a Canadian citizen, regarding a communication from the UK Government concerning Gandhi’s citizenship. This new PIL follows the withdrawal of a similar petition two months ago. The High Court had previously advised Vignesh to approach the competent authority under Section 9(2) of the Citizenship Act, 1955.

After the dismissal of his earlier petition, Vignesh alleged that he submitted a detailed representation to the Ministry of Home Affairs, which is still under review. He further conducted inquiries, reportedly receiving “new inputs” and seeking details from the UK Government about Gandhi’s citizenship records. According to Vignesh, the UK Government's response indicates that records exist concerning Gandhi’s British citizenship but cannot be released without his consent due to UK data protection regulations.

The PIL requests that the CBI obtain a Letter of Rogatory from an Indian court to retrieve all relevant information from the UK Government regarding Gandhi's citizenship. Additionally, it calls for the Chief Election Commissioner, the Chief Electoral Officer of Uttar Pradesh, and the Returning Officer of Rae Bareli to annul Gandhi’s election certificate.

In a related matter, BJP leader Subramanian Swamy has also filed a petition in the Delhi High Court concerning Gandhi's citizenship status. Last week, Swamy's counsel informed the Delhi High Court that the Ministry of Home Affairs did not respond to his inquiries despite his written submissions. He stressed the importance of the matter, noting his consistent requests for clarification.

However, the division bench of ACJ Manmohan and Justice Tushar Rao Gedela reserved their judgment on Swamy's petition, citing the similar case being heard in the Allahabad High Court and emphasizing that it would not be appropriate for two High Courts to adjudicate on similar issues simultaneously.

Case Title: S Vignesh Shishir v. Sri Rahul Gandhi and 13 Others