In a significant turn, the Allahabad High Court has withheld its earlier direction to register an FIR against Rahul Gandhi in a case alleging he holds British citizenship. The Court said the matter requires further hearing before any final order.
Background of the Case
The plea was filed by S. Vignesh Shishir, who sought criminal proceedings against Gandhi under provisions of the Bharatiya Nyaya Sanhita, Passport Act, Foreigners Act, and Official Secrets Act. He alleged that Gandhi declared himself a British national in records of a UK-based company.
Read also:- Allahabad HC Orders FIR Against Rahul Gandhi Over Alleged British Citizenship Claim
After police did not act on his complaint, the petitioner approached a trial court, which rejected his plea. This led him to move the High Court under Section 528 BNSS.
On April 17, the Court had initially found a prima facie case and indicated that the State could refer the matter to the Central government for investigation by the CBI.
However, Justice Subhash Vidyarthi reconsidered the position before signing the order. The Court noted a binding Full Bench judgment which requires that a prospective accused be given an opportunity to be heard in revision proceedings.
“The prospective accused… is entitled to an opportunity of being heard before a decision is taken,” the bench observed, referring to earlier precedent.
The Court also recorded that during the hearing, all parties had earlier argued that no notice to the proposed accused was necessary at this stage.
Taking note of the legal position, the Court held that the application should not be decided without hearing Gandhi. It directed that the matter be listed again on April 20 for further arguments.
No formal notice has yet been issued to Gandhi, and the earlier direction regarding FIR registration remains on hold.
Case Details
Case Title: S. Vignesh Shishir vs. Sri Rahul Gandhi & Others
Case Number: Application U/S 528 BNSS No. 673 of 2026
Judge: Justice Subhash Vidyarthi
Decision Date: April 17, 2026
