Citizenship Row | Won't Go Into Correctness Of Allegations Or Examine MHA Record: Allahabad HC On Plea For FIR Against Rahul Gandhi

Hearing a petition filed by Karnataka BJP member S. Vignesh Shishir challenging a Lucknow Court's order refusing to direct the registration of an FIR against Gandhi over his alleged British Citizenship, the Court observed that it does not propose to go into the correctness of the allegations made by the applicant.

It may be noted that in January this year, an ACJM Court in Lucknow rejected a plea seeking an FIR against Gandhi under various provisions of the Bhartiya Nyaya Sanhita, the Official Secrets Act, the Passport Act and the Foreigners Act. Against that order, Shishir moved the HC.

Although the officers from the Foreigners Division of the Ministry of Home Affairs were present in the courtroom on April 6 with the complete records pertaining to the 2019 notice, the bench refused to examine them.

"…this Court does not propose to go into the correctness of the allegations levelled by the applicant, the Court has not examined the records that have been brought on record…" the bench observed as it posted the matter for a further hearing on April 15.

Importantly, earlier on March 19, a different bench of Justice Rajeev Singh had perused these same MHA records before returning them to the authorities.

It may be noted that, following a complaint by BJP MP Subramanian Swamy, the MHA issued this notice asking Gandhi to provide the "factual position" regarding his citizenship. In his 2015 complaint, Dr Swamy alleged that Gandhi is a British national.

Petition before the High Court

Our readers may note that, before the HC, the applicant (Shishir) submitted that Gandhi is a UK Citizen and had incorporated a company named 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.

During that earlier hearing, Justice Singh had also firmly declined the applicant's request to treat the matter as tied up or part-heard before his specific bench, noting that the lengthy hearings had only taken place at the admission stage.