British Citizenship Row | Allahabad High Court Peruses Record Of MHA's 2019 Notice To Rahul Gandhi; Allows Impleadment Of GoI

The Allahabad High Court (Lucknow Bench) on Thursday perused the official records produced by the Ministry of Home Affairs (MHA) concerning a notice issued to Congress leader and LoP in Lok Sabha, Rahul Gandhi, in 2019, seeking clarification regarding his nationality.

The records were placed before a bench of Justice Rajeev Singh in compliance with an earlier order dated March 9, 2026.

The previous order was passed on a petition filed by BJP Worker S. Vignesh Shishir, appearing in person, who has challenged a January 28, 2026, order of a Lucknow Magistrate court that refused to direct the registration of an FIR against Gandhi over allegations concerning his British citizenship.

In pursuance of the Court's order, Under Secretary Vivek Mishra and Assistant Section Officer Pranav Rai of the MHA's Foreigners' Division Citizenship Wing appeared before the bench with the complete record related to the notice issued to Gandhi on April 29, 2019, by the then Director (Citizenship).

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.

After a perusal of the files, the High Court returned the original records to the Under Secretary.

The Court also formally permitted the applicant to implead the Government of India as a party to the case and granted the Government Advocate time to file a reply by the next date of listing.

It may be noted that Shishir has approached the High Court seeking a direction to the Kotwali Police Station in Rae Bareli to register an FIR against Gandhi under various provisions of the Bhartiya Nyaya Sanhita (BNS), 2023, Sections 3, 5, and 6 of the Official Secrets Act, 1923, Sections 12 and 13 of the Passport Act, 1967, and Sections 14(B) and 14(C) of the Foreigners Act, 1946.

Relying on records from Companies House, United Kingdom, the applicant states that Gandhi is a UK citizen who incorporated a company named M/s Backops Ltd. in August 2003.

The applicant alleges that Gandhi "categorically admitted and voluntarily declared his nationality as British," holding a Director Identification ID and listing specific addresses in London and Hampshire.

It is his further cases that Gandhi had submitted the company's annual returns in October 2005 and October 2006, showing his nationality as British, before the company was dissolved via an application dated February 17, 2009.

Furthermore, he claims that while contesting the 2004 Lok Sabha Elections, Gandhi filed an affidavit admitting ownership of M/s Backops Ltd. and disclosing a foreign bank account with Barclays Bank, London Branch.

Before the hearing concluded on Thursday, the applicant prayed that since the hearing had been done at length, the matter may be treated as part heard.

Justice Singh, however, firmly declined the request. The Court observed that the hearing, though conducted at length, was solely at the admission stage.

Consequently, the Court clarified that "the matter shall not be treated as tied up or part heard before this Bench." The matter has been listed for its next hearing on April 6, 2026.