The Delhi High Court has inquired why the Central government has not responded to Bharatiya Janata Party (BJP) leader Subramanian Swamy's claims regarding Congress leader Rahul Gandhi's alleged British citizenship. A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed Additional Solicitor General (ASG) Chetan Sharma to obtain instructions on the matter.
Swamy contends that the government issued a show-cause notice to Gandhi, seeking an explanation for his purported British citizenship. He alleges that Gandhi did not respond, and no further action was taken by the authorities. Swamy emphasized, "The Government of India, on my letter to the Home Ministry, wrote a show-cause notice to Gandhi to explain the data brought on record to show that he is also a British citizen. Under Indian law, no Indian can have citizenship of any other country. This was never replied to, no reminders sent, no action taken by the government. The government must complete its responsibility."
In response, the Court scheduled the next hearing for March 26, instructing the ASG to provide updates on the status of Swamy's representation. The Bench noted the significance of a 2019 letter from the Ministry of Home Affairs (MHA) included in the petition.
Background
Swamy's petition asserts that Gandhi is a British national and seeks directives for the MHA to address his representation to revoke Gandhi's Indian citizenship. In 2019, Swamy alleged that a UK-based company, Backops Limited, was registered in 2003 with Gandhi listed as one of its Directors and Secretary. Annual returns filed in 2005 and 2006 reportedly declared Gandhi's nationality as British. Additionally, a 2009 dissolution application for the company allegedly listed his nationality as British. Swamy argues that these declarations violate Article 9 of the Indian Constitution and the Citizenship Act, 1955, which prohibit dual citizenship.
The MHA addressed a letter to Gandhi on April 29, 2019, requesting clarification on the matter within two weeks. Swamy contends that, despite the passage of over five years, the MHA has not provided clarity on its decision regarding his representation.
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The High Court previously postponed the hearing after being informed of a similar petition pending before the Allahabad High Court. In that case, petitioner S. Vignesh Shishir sought a Central Bureau of Investigation (CBI) probe into Gandhi's citizenship, alleging evidence of his British nationality. In November 2024, the Allahabad High Court directed the Union Home Ministry to decide on Shishir's representation.
During the recent hearing, Swamy highlighted the government's inaction despite his representation. Shishir, the petitioner in the Allahabad High Court case, appeared before the Delhi High Court, noting the ongoing proceedings in Allahabad. Swamy clarified that the prayers in both petitions differ. ASG Chetan Sharma stated that the concurrent proceedings would not affect the Delhi High Court's jurisdiction, allowing both cases to proceed in parallel.
