Delhi High Court Seeks Centre's Stand On Subramanian Swamy's Plea Over Rahul Gandhi's Citizenship

The Delhi High Court on Friday sought stand of the Union Government on a plea filed by Bhartiya Janata Party (BJP) leader Subramanian Swamy regarding the issue of citizenship of Congress leader Rahul Gandhi.

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

A division bench comprising of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela was informed that the Central Government's counsel has been recently designated as a senior advocate and thus, the matter has to be assigned to a new counsel.

As Swamy, who was appearing in person, requested that notice be issued in the matter, the bench remarked: “Let the counsel (for Union of India) obtain instructions first.”

Also appearing before the Court was BJP Member from Karnataka Vignesh Shishir, who is the petitioner before the Allahabad High Court in the PIL seeking CBI probe into Rahul Gandhi's alleged British Citizenship.

Shishir apprised the bench about the development in his petition. However, on the request of the Union Government's counsel, the matter was adjourned to January 13, 2025.

Swamy appeared as petitioner in person along with his counsel, Advocate Satya Sabharwal.

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.

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