British Citizenship Row | Allahabad High Court Summons Complete Record Of MHA's 2019 Notice To Rahul Gandhi

For context, following a complaint by BJP MP Subramanian Swamy, the MHA had asked Gandhi, on April 29, 2019, to provide the "factual position" regarding his citizenship. In his 2015 complaint, Dr Swamy alleged that Gandhi is a British national.

A bench of Justice Rajeev Singh sought the records while hearing a petition filed by Karnataka BJP member S. Vignesh Shishir challenging a Lucknow Court's order wherein it refused to direct registration of an FIR against Gandhi over his alleged British citizenship.

Before the HC, Shishir submitted that Gandhi is a UK Citizen and had incorporated a company named as M/s Backops Ltd., which was registered in August 2003.

It was further submitted that Gandhi categorically admitted and voluntarily declared his nationality as British, having a Director Identification ID and London and Hampshire addresses.

It was also claimed that Gandhi had submitted the Company's annual returns in October 2005 and October 2006, listing his nationality as British. Thereafter, the said Company was dissolved by filing a dissolution application in February 2009.

Furthermore, it was submitted that Gandhi contested the 2004 Lok Sabha Elections, admitting and disclosing the ownership of M/S Backops Ltd. and his foreign bank account with Barclays Bank, London Branch, UK.

Shishir further argued that Gandhi should face charges under the Foreigners Act, the Passport Act, and even the Official Secrets Act.

Taking into account all these submissions and the fact that a notice was issued to Gandhi in April 2019, the bench directed the counsel for the Union of India to produce the entire record of the notice.

Applicant Shishir was assisted by Advocate Bindeshwari Pandey.

Government Advocate VK Singh appeared for the state.

Advocate Raj Kumar Singh appeared as special counsel for the Government of India