Issue Concerning Congress Leader Rahul Gandhi's Citizenship Under Consideration: Central Govt Informs Delhi High Court

The Union Government on Wednesday (March 26) told the Delhi High Court that the matter concerning the issue of Congress leader Rahul Gandhi is pending consideration with the Ministry of Home Affairs.

“The matter is under consideration of the ministry,” ASG Chetan Sharma told a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela while hearing a plea filed by Bhartiya Janata Party (BJP) leader Subramanian Swamy.

Swamy has sought a direction on the Union Government to file a status report on his complaint against Rahul Gandhi.

Sharma told Court that on March 24, the division bench of Allahabad High Court passed an order in a similar case wherein four weeks' time has been given to the MHA for apprising the Court of the outcome of the ongoing exercise and the next date of hearing is April 21.

Before the Allahabad High Court, the Centre had submitted that a representation seeking the cancellation of Gandhi's citizenship is currently pending consideration.

In light of the aforesaid development, the Court today adjourned hearing in the matter and said that the case be listed after next hearing before the Allahabad High Court.

“There is already an order of Allahabad High Court giving them time till April 21 to inform of the outcome. Here also the ASG informed that the matter is under consideration. All we are saying is let's wait till [Allahabad High Court],” the Chief Justice told Swamy who was appearing in person.

Swamy submitted that the issue is pending since 2019 and the matter was taken up first by him which was later “recycled” by many who filed multiple petitions on the issue.

“This matter was taken up by me first… When certain points came out, then other matters were filed… to delay this matter. I feel it's unfair having done all the work and all they have done is recycled it and block what I have found,” he said.

To this, the Bench said that it was only taking notice of the Allahabad High Court order and any direction issued other than what is already been ordered will be against judicial discipline.

The Court took on record a letter tendered by the ASG dated March 12 which was received from the MHA as per which the subject matter of the plea is under consideration of the concerned Ministry.

The matter will now be heard on May 28.

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.

Swamy has alleged that Gandhi, being an Indian Citizen, has violated Article 9 of the Constitution of India, read with the Indian Citizenship Act, 1955. Gandhi would lose / cease to be an Indian Citizen, Swamy has claimed.

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.

A notice was sent by Central Government to Gandhi on April 20, 2019, with the subject "Complaint regarding citizenship.”

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.

In May 2019, the Supreme Court had dismissed a plea to restrain Rahul Gandhi from contesting the 2019 General Elections until the determination of the 'dual citizenship' issue upon his supposedly procuring British citizenship.

“Some paper says he has British citizenship so he becomes a British citizen? Merely because a company speaks of him as a British citizenship so it means he has British citizenship?", the top court had orally remarked.

Case Title: Subramanian Swamy v. Union of India & Anr.