Allahabad HC Seeks Outcome Details From Home Ministry On BJP Worker's Representation To Cancel Rahul Gandhi's Citizenship

A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi sought the details after Deputy Solicitor General of India, Surya Bhan Pandey, informed the bench that the Ministry has received the representation of the petitioner (Vignesh) and the same is under process.

The bench has now posted the matter for hearing next on December 19.

It may be noted that Petitioner-Vignesh has submitted a detailed representation-cum complaint to the Foreigners Division Ministry of Home Affairs, wherein a request has been made to cancel Gandhi's Indian citizenship. The representation has been moved as per Rules and Regulations of S. 9 (2) of 1955 Act r/w Rule 40 (2) of the Citizenship Rules 2009 and Schedule III of 2009 Rules.

For context, Section 40 of the 2009 Rules deals with the Central Government's authority to determine whether, when, or how any citizen of India acquired the citizenship of another country.

Vignesh had moved this representation following the dismissal of a similar PIL plea (filed by the same petitioner) that was withdrawn earlier, with a liberty to the petitioner to approach the competent authority under Section 9(2) of the Citizenship Act, 1955, as far as it is permissible in law.

Averments made in the PIL plea

In his PIL plea, Petitioner Vignesh claims that after the HC dismissed his earlier PIL plea, he moved a detailed representation before the Ministry of Home Affairs, Government of India, which is still pending.

His PIL plea also states that he made detailed enquiries into the issue, got several 'new inputs', and sent emails to the UK government seeking details about Gandhi's citizenship records.

In this process, the Petition further states that he learned that the UK government has already received a request from one VSS Sarma (respondent no. 14) seeking the details in 2022. After that, he (PIL petitioner-Vignesh) contacted Sarma, who agreed to share the 'confidential' emails he received from the UK Government.

The PIL petition alleges that in those 'confidential' emails (of 2022), the UK Government has indicated that it has records of Rahul Gandhi's British Nationality, and such 'personal data' is governed by the UK General Data Protection Regulations as per the Country's Data Protection Act, 2018. However, the plea adds that the alleged mail further states that the Government can't provide information about Gandhi unless the UK Govt gets a signed letter of authority from Gandhi.

Against this backdrop, the PIL plea claims that the alleged mail from the UK Government is an 'outright admission' that Gandhi is a citizen of the United Kingdom.

Therefore, the PIL pleads that the CBI conduct a detailed probe into the matter, get a Letter of Rogatory from a competent court in India and extract all the Government records and information available with the Government of the UK/Britain regarding Gandhi's citizenship.

The plea also prays for a direction to the Chief Election Commissioner, Chief Electoral Officer UP, and Returning Officer, Raebareli, to cancel Gandhi's electoral certificate.

It may be noted that Bhartiya Janata Party (BJP) leader Subramanian Swamy has also filed a petition in the Delhi High Court regarding Congress leader Rahul Gandhi's citizenship.

Last month, Vignesh (petitioner before the Allahabad HC) appeared before the Delhi HC, claiming that the Central Bureau of Investigation (CBI) had initiated an investigation into a PIL filed in the Allahabad HC Gandhi's alleged British citizenship.