Rahul Gandhi Citizenship Row: Allahabad HC Petitioner Appears Before Delhi High Court, Claims CBI Is Investigating The Issue

The Delhi High Court on Wednesday was informed that investigation by Central Bureau of Investigation (CBI) has been initiated over a PIL filed in the Allahabad High Court against the alleged British citizenship of Congress leader Rahul Gandhi.

The submission was made by Vignesh Shishir, BJP member from Karnataka who filed the PIL in the Allahabad High Court, after he appeared virtually before a division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela.

The bench was hearing a PIL filed by BJP leader Subramanian Swamy regarding the issue. He has sought a direction on the Union Government to file a status report on his complaint against the Congress leader.

“I have appeared before CBI in this case and have tendered very confidential evidences in this matter. The matter is presently under the investigation by CBI. Since the proceedings in the Allahabad High Court is at very advanced stages, I submit that this case is leading to multiplicity of proceedings,” Shishir said.

Shishir prayed for some time to place on record the relevant documents on the development that has taken place in his PIL before the Allahabad High Court.

“Let an affidavit be filed within two weeks along with an application for impleadment,” the Bench ordered.

During the hearing, the bench orally remarked that the PIL pending before the Allahabad High Court involves “wider prayers” and that it does not want two parallel proceedings to be maintained on a similar issue.

While Shishir claimed that his PIL before the Allahabad High Court is at an advanced stage, Swamy appearing in person told the Court that the issue was raised by him as back as in 2017 and that the prayers in the two cases are not similar.

The matter will now be heard on December 06. 

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.