Allahabad HC Asks Union Home Ministry to Decide on Plea Questioning Rahul Gandhi's Citizenship

Allahabad HC Asks Union Home Ministry to Decide on Plea Questioning Rahul Gandhi's Citizenship

The Allahabad High Court has directed the Union Home Ministry to decide on a representation filed by a citizen questioning Congress leader Rahul Gandhi's Indian citizenship. 

A bench comprising Justices Attau Rahman Masoodi and Subhash Vidyarthi has instructed the government to inform the Court about the decision on the representation by December 19. 

The order was passed in response to a petition by S Vignesh Shishir, who sought a Central Bureau of Investigation (CBI) probe into Gandhi's citizenship. The petitioner claimed to have evidence suggesting that Gandhi holds British citizenship. 

During the November 25 hearing, Deputy Solicitor General of India SB Pandey informed the Court that the petitioner's representation had been received by the Central government and was under consideration. 

The Bench subsequently adjourned the case, directing the government to update the Court on the outcome of the representation by the next hearing.

"List this matter on 19th of December, 2024. The outcome of the representation shall be apprised to the Court on the next date of listing," the November 25 order said.

The petition filed by S Vignesh Shishir claims that in 2022, one VSS Sarma sought details about Rahul Gandhi's citizenship from the British government. According to the petitioner, Sarma subsequently shared confidential emails he had received from UK authorities in response to his request. 

These emails, the petitioner alleges, suggest that Gandhi holds British citizenship. However, the plea notes that the UK authorities, citing data protection laws, declined to provide complete information without a signed letter of authority from Gandhi. 

In July, the High Court permitted the petitioner to withdraw a similar plea, granting him the liberty to explore remedies under the Citizenship Act. However, after receiving no response to two representations he had submitted to the Union Home Ministry, Shishir approached the High Court again. These representations sought the cancellation of Gandhi's Indian citizenship based on allegations of his British citizenship. 

While the petitioner has sought a CBI probe, the Court clarified that its immediate focus is limited to determining whether the Centre has received the representations and what action or decision has been made regarding them.  

A similar petition regarding Gandhi's citizenship is also pending before the Delhi High Court, filed by Bharatiya Janata Party (BJP) leader Subramanian Swamy. The Delhi High Court has stated that it will take up the matter only after confirming the status of the case before the Allahabad High Court.

The petitioner, advocate S Vignesh Shishir, appeared in person.

Advocates Anurag Kumar Singh, Kuldeep Srivastava, Kushagra Dikshit and Vijay Vikram Singh also appeared for the Central government.

 
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