Delhi HC to hear Subramanian Swamy’s plea to cancel Rahul Gandhi’s citizenship”

During an earlier hearing, the Bench, which included Justice Tushar Rao Gedela, noted that a similar petition is pending before the Allahabad High Court. They requested the Union government's standing counsel to obtain a copy of that petition and its current status from the Allahabad HC.

New Delhi: The Delhi High Court is set to hear on Wednesday a Public Interest Litigation (PIL) moved by senior BJP leader Subramanian Swamy seeking direction to the Union Home Ministry to cancel the Indian citizenship of Rahul Gandhi when the Congress leader has “declared himself a British citizen”.

As per the causelist published on the website of the Delhi HC, a bench headed by Chief Justice Manmohan will take up the matter for hearing on Wednesday.

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In an earlier hearing, the Bench, also comprising Justice Tushar Rao Gedela, noted that a similar petition is pending before the Allahabad High Court and asked the Union government’s standing counsel to obtain a copy of the petition, along with the case status, pending before the Allahabad HC.

Deferring the hearing, the Delhi HC remarked that the same issue should not be agitated simultaneously before two different forums in the interest of justice. “We intend to doubly make sure that we do not usurp the other High Court’s jurisdiction,” it said.

The plea filed by Swamy before the Delhi High Court sought direction to the Union Home Ministry to furnish a status report on the complaint/representation filed by him against Gandhi and decide it at the earliest.

The BJP leader, in 2019, wrote a letter to the Union Home Ministry on violations made by Rahul Gandhi in voluntarily disclosing to the UK government that he is a citizen of British nationality, holding a British passport.

Subramanian Swamy said that with this declaration, the Congress leader ceases to be an Indian Citizen in terms of Article 9 of the Constitution read with the Indian Citizenship Act, 1955.

“A Company named Backops Limited was registered in the United Kingdom in the year 2003, with address 51 Southgate Street, Winchester, Hampshire SO23 9EH, where Gandhi was one of the Directors and Secretary of the said company. In the Company’s Annual Returns filed on 10/10/2005 and 31/10/2006, your (Gandhi) date of birth has been given as 19/06/1970 and you had declared your nationality as British. Further, in the Dissolution application dated 17/02/2009 of the above-referred company, your nationality has been mentioned as British,” said the Union Home Ministry in correspondence to Rahul Gandhi on Swamy’s complaint.

In his petition, Swamy said that he sent many representations to the Home Ministry asking for an update and the status of his complaint, but no action has been taken or intimated to him about the same.

“Hence, this petition for direction to Respondent No. 1 (Home Ministry) to furnish a status report on the complaint/representation filed by the petitioner against Respondent No.2 (Rahul Gandhi) and to decide the complaint/representation filed by the petitioner at the earliest and to furnish the conclusion / final order of the complaint/representation filed,” the plea said.