‘Dual’ citizenship: Allahabad HC judge recuses from hearing plea seeking FIR against Rahul Gandhi

A judge of the Allahabad High Court recused himself from hearing a plea seeking FIR against Rahul Gandhi over alleged dual citizenship, after controversy over social media posts and prior legal observations on issuing notice to the accused

Lucknow/New Delhi: Justice Subhash Vidyarthi of the Allahabad High Court on Monday recused himself from hearing a plea seeking registration of an FIR against Leader of Opposition in the Lok Sabha Rahul Gandhi over allegations of dual citizenship.

The development came after the Lucknow Bench of the Allahabad High Court took strong exception to certain posts made on the social media platform X by the petitioner, which allegedly cast aspersions on Justice Vidyarthi.

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Justice Vidyarthi, who was hearing the matter, recused from the case in view of the controversy, and the matter is now expected to be placed before another Bench.

Earlier, in a significant turn of events, the single-judge Bench had deferred passing its final order on the plea, observing that a prospective accused must be given an opportunity of hearing before any direction for registration of an FIR is issued.

Justice Vidyarthi withheld the verdict, despite having dictated it in open court, observing that the judgment could not be finalised without first addressing the requirement of issuing notice to the proposed accused.

In the order uploaded on April 18, Justice Vidyarthi recorded that during the hearing, all parties had submitted that there was no requirement of issuing notice to the proposed accused while deciding an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

However, before the judgment could be signed, the single-judge Bench came across a Full Bench ruling in Jagannath Verma vs State of U.P., which held that an order rejecting a plea for registration of an FIR is not interlocutory and is amenable to revision, and that the prospective accused is entitled to an opportunity of being heard before a decision is taken.

“In view of the aforesaid legal position, it appears that the application under Section 528 BNSS should not be decided without issuing notice to the opposite party no.1 (Rahul Gandhi),” Justice Vidyarthi had observed, listing the matter for further hearing on Monday.

The single-judge Bench had earlier directed the Uttar Pradesh Police to conduct an inquiry and consider registration of an FIR into the allegations that Gandhi holds dual citizenship, while hearing a challenge to a January 28 order of a special MP/MLA court in Lucknow that had refused to order an FIR.

The petitioner has alleged that Gandhi is a British citizen and, therefore, ineligible to contest elections or continue as a Member of Parliament, relying on purported documents and communications from the UK authorities.

He has sought action under provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Foreigners Act and the Passport Act.

The complaint was initially filed before a special MP/MLA court in Rae Bareli before being brought before the Allahabad High Court.