Citizenship Row | 'Get ED Authorization First': Lucknow Court Returns Sealed Cover In Plea Seeking FIR Against Rahul Gandhi

Additional Chief Judicial Magistrate Alok Verma (ACJM-3, MP-MLA Court, Lucknow) was hearing Shishir's plea seeking the registration of an FIR against the Leader of Opposition in Lok Sabha, Rahul Gandhi, over allegations of British citizenship.

The case was transferred from Raebareli to Lucknow last month pursuant to an order passed by the Allahabad High Court.

For context, Shishir's criminal complaint alleges that Gandhi also holds British citizenship and he is therefore liable to face charges under the Foreigners Act, the Passport Act, and the Official Secrets Act. Shishir has referred to various alleged records from the United Kingdom Government.

During the proceedings today, Shishir attempted to pass on documents in a sealed cover to the court clerk. He claimed they contained his own statements tendered to the Enforcement Directorate (ED) under the FEMA in September last year regarding Gandhi's British citizenship.

When the Court questioned him as to whether he could file such confidential documents, Shishir claimed he had received permission over the phone from the ED to file them before the Court. However, ACJM Verma refused to accept the documents on that basis.

He stated: "Agar aap ise sealed cover mein de rahe hain aur bol rhe hain ki yeh confidential document hai to kya ise aap yahan dakhil kar sakte hain? Aap affidavit par kahiye ki aap authorised hain ise yahan file karne ke liye, Court ise tab hi padhegi, tab tak ise apne paas rakhiye."

(If you are submitting this in a sealed cover and claiming it is confidential, can you file it here? You should state on an affidavit that you are authorised to file this here; only then will the Court read it. Until then, keep it with you.)

The Court further directed Shishir to put the ED-related documents on record only after obtaining proper authorization from the appropriate authority.

Shishir subsequently submitted a separate set of documents containing certain statements from a UK national whom he claimed had come to meet him and had given him several crucial pieces of information against Gandhi.

Calling it the 'turning point' of the case, Shishir submitted that this individual was ready to record statements in any Indian court. ACJM Verma reviewed these documents and directed that they be resealed.

Shishir further submitted that he possesses specific evidence regarding Gandhi's British citizenship. He argued that:

• One VSS Sharma has received certain communication from the UK Government regarding Gandhi's British Nationality.
• Gandhi had admitted in his election affidavit to being linked to 'Backops Limited', a company registered in the UK.
• Even after being elected as an MP from Amethi in 2004 and 2009, Gandhi remained a voter on the electoral rolls of a municipality in London.

Shishir further submitted that he had filed an RTI seeking details of Gandhi's alleged British passport, but the Indian Government replied that the information was withheld.

He argued that this demonstrates that the government has the details but is not disclosing them to avoid public order concerns.

"I have seen a copy of Gandhi's passport. I don't want to file it here before it will cause law and order problems," Shishir further told the court.

He argued that if an FIR is registered, the Daroga Sahab would write to the Union Home Ministry, compelling them to provide the passport details.

"Aap ek order pass karenge, FIR hogi aur ek din mein ek paper ka passport sabke samne aa jayega, case solve ho jayega," Shishir argued.

During the arguments, when Shishir referred to the Allahabad High Court's order granting him security cover and argued that the HC had accepted the fact that Gandhi is a British National, ACJM Verma corrected him.

The Magistrate orally clarified, "Nahin, the HC has only recorded your argument, it has not said anything on merits". (No, the HC has only recorded your argument...)

Shishir also submitted that he had visited Raebareli at least 17 times, but the top UP Police officials did not pay heed. He alleged an official cited the upcoming Mahakumbh 2025 as a reason for inaction against Gandhi. I

It may be noted that the Allahabad High Court (Lucknow Bench) last month directed the transfer of the case from the court of the ACJM-IV, Raebareli, to the Special MP/MLA Court in Lucknow. In his transfer petition, Shishir had alleged a tense and violent atmosphere in the Raebareli court. He had cited an incident on December 5, 2025, where local advocates allegedly abused him.

The hearing will continue tomorrow.