The Central Government has informed the Allahabad High Court that a representation seeking the cancellation of Congress leader and Leader of Opposition (LoP) in the Lok Sabha, Rahul Gandhi's Indian citizenship, is currently under consideration.
The update was presented before a bench comprising Justice Attau Rehman Masoodi and Justice Ajai Kumar Srivastava-I. The hearing pertained to a Public Interest Litigation (PIL) filed by BJP member S. Vignesh Shishir from Karnataka, demanding a CBI probe into Gandhi's alleged British citizenship.
Court Proceedings and Government’s Stand
During the hearing, Deputy Solicitor General of India, Surya Bhan Pandey, requested a further two months to make a decision regarding Gandhi's citizenship status. The bench scheduled the next hearing for April 21.
Advocate Ashok Pandey, who intervened in the case, also informed the court that he had previously filed a representation in 2019, seeking the cancellation of Gandhi's citizenship. However, the Union Home Ministry has not yet decided on the matter.
The petitioner, Vignesh, has already submitted a detailed representation-cum-complaint to the Ministry of Home Affairs' Foreigners Division. His request is based on the provisions of Section 9(2) of the Citizenship Act, 1955, read with Rule 40(2) and Schedule III of the Citizenship Rules, 2009.
Read Also: Allahabad HC Bar Association Calls for Justice Yashwant Varma’s Impeachment, Seeks ED/CBI Probe
Legal Basis and Background of the Petition
According to the 2009 Citizenship Rules, Section 40 empowers the Central Government to determine whether an Indian citizen has acquired the nationality of another country.
Vignesh's current representation follows the dismissal of an earlier PIL he had filed. The previous plea was withdrawn, allowing him to approach the competent authority under Section 9(2) of the Citizenship Act.
Vignesh’s Allegations and Investigation
The PIL claims that after the Allahabad High Court dismissed his earlier petition, Vignesh conducted further investigations and gathered new evidence. He also reached out to the UK Government via emails, seeking details about Gandhi’s citizenship status.
His inquiry revealed that the UK Government had already received a request from another individual, VSS Sarma (respondent no. 14), in 2022 regarding the same issue. Upon contacting Sarma, Vignesh received access to ‘confidential’ emails from the UK Government.
The PIL alleges that these emails confirm that the UK Government possesses records indicating Rahul Gandhi’s British nationality. However, under the UK’s Data Protection Act, 2018, such personal data cannot be disclosed without Gandhi’s written authorization.
Read Also: Justice Yashwant Varma Transferred to Allahabad HC Amid In-House Inquiry Over Cash Controversy
PIL Claims and Requested Actions
The petition argues that the UK Government’s email is an “outright admission” that Gandhi is a British citizen. Based on this, Vignesh has requested the following actions:
- A CBI investigation into the matter.
- A Letter of Rogatory from a competent Indian court to obtain official records from the UK Government.
- Cancellation of Gandhi’s electoral certificate by the Chief Election Commissioner, Chief Electoral Officer of Uttar Pradesh, and the Returning Officer of Raebareli.
Other Legal Proceedings
Notably, BJP leader Subramanian Swamy has also filed a petition in the Delhi High Court questioning Rahul Gandhi’s citizenship status. The matter remains under judicial scrutiny, with the next hearing scheduled in the Allahabad High Court.
Read Also: Allahabad High Court: No Obligation to Notify Informant When Excluding Non-Chargesheeted Accused
The case continues to raise legal and political debates regarding dual citizenship and its implications under Indian law.
