Rahul Gandhi Citizenship Row | 'Centre Competent Authority To Decide On The Issue': Allahabad HC, Posts Matter For March 24
Sparsh Upadhyay
19 Dec 2024 5:21 PM IST
The Allahabad High Court on Thursday orally remarked that it is for the central government to decide on the representation it has received seeking the cancellation of LoP Rahul Gandhi's citizenship, as the government is the competent authority in citizenship matters.
Giving time to the central government to take a decision in the matter, a bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh thus posted the Public Interest Litigation (PIL) plea filed by a BJP Member from Karnataka (S. Vignesh Shishir), seeking a CBI probe into Congress leader and LoP in LokSabha Rahul Gandhi's alleged British Citizenship, to March 24, 2025.
During the course of the hearing today, when petitioner Vignesh submitted that he has 'solid' information from the UK government, which proves that Rahul Gandhi is a British citizen, the Bench outrightly told him that it is for the Central Government to decide about the citizenship issue of Rahul Gandhi and not the court.
The court observed thus while considering the submission of Deputy Solicitor General of India, Surya Bhan Pandey, that the Union Home Ministry needs more time (8 weeks) to decide on the representation of the petitioner (Vignesh) for cancelling Gandhi's citizenship.
"If the Union Home Ministry want more time to decide, they must be given that time. Central Govt is the authority to decide on the citizenship," CJ Bhansali remarked, posting the matter for March 24.
Before the division bench, the petitioner also submitted that the Central Bureau of Investigation (CBI) is already investigating the matter and should be instructed to submit a status report to the court. Notably, he also made this submission before the Delhi High Court, which is hearing a PIL filed by BJP leader Subramanian Swamy on a similar issue.
However, the Allahabad HC rejected this request, noting that if the CBI is handling the investigation, it should be allowed to continue its work within its domain.
During the hearing, Advocate Ashok Pandey, who seeks to intervene in the PIL plea, also made a submission that the Union Government is afraid of Rahul Gandhi, and that is why it is taking time to cancel his citizenship.
It may be noted that Petitioner-Vignesh has already 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.
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.
About Vignesh's petition
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.
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 asks for a direction from 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.
