Delhi High Court Allows Subramanian Swamy's Request To List Plea On Rahul Gandhi's Citizenship As 'Public Interest Litigation'

The Delhi High Court today permitted Bhartiya Janata Party (BJP) leader Dr. Subramanian Swamy's plea seeking action on his complaint against Rahul Gandhi's citizenship to be listed before the roster bench hearing Public Interest Litigation (PIL) matters.

Justice Sanjeev Narula said there is no violation of any "legally enforceable right" to invoke its writ jurisdiction under Article 226 of the Constitution. "You could come in PIL jurisdiction at the highest," the bench orally remarked.

In August 2019, Swamy had written a letter to the Centre on alleged violations made by the Congress leader in “voluntarily disclosing” to the British Government that he is a citizen of British nationality, amounting to holding a British passport.

Article 9 of the Constitution of India states that no person shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign State.

Swamy relied on a communication dated April 29, 2019 from the Home Ministry, indicating that the complaint made by him was acknowledged and the Congress leader was called upon to give his response. Swamy pointed that since then, there has been no progress in the matter.

"All I'm asking for is status of my complaint. Your Lordship is empowered to send it to the Chief Justice to be listed as PIL," Swamy submitted.

Following this, the bench ordered,

"For this court to invoke writ jurisdiction under Article 226 of the Constitution of India, an enforceable legal right should be shown which is not found in this case. The matter could be entertained if any public interest is involved, which is the cause Dr. Swamy says he wishes to espouse. Accordingly, the matter be listed before roster bench dealing with PIL. This Court clarifies it has not made any comments on merits of the case."

Swamy had written that a Company namely Backops Limited was registered in the United Kingdom in 2003, with Gandhi as one of the Directors and Secretary. He further alleged that in the Company's Annual Returns filed in 2005 and 2006, Gandhi's date of birth was given as June 19, 1970, and that his nationality was mentioned as British.

Swamy has said that despite many representations made to the Central Government asking for an update and status of his complaint, no action has been taken. Swamy in his plea has sought direction on the Centre to decide his complaint or representation at the earliest and to furnish the conclusion or final order of the same.