Rahul Gandhi Citizenship Row: Delhi High Court Seeks Status Of Proceedings Pending Before Allahabad HC

The Delhi High Court on Thursday listed for hearing on October 09 the petition filed by Bhartiya Janata Party (BJP) leader Subramanian Swamy regarding the issue of citizenship of Congress leader Rahul Gandhi.

A division bench comprising Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela asked the Union Government's counsel to obtain the copy of the petition pending on the issue before the Allahabad High Court.

The court orally remarked that before proceeding further in the matter, it will be in the interest of justice to know the position about pending petition in Allahabad HC.

"It won't be proper for two courts to deal with the same issue," the court said.

"Check what's happening there (Allahabad High Court). Get a copy of the petition," the court told Union Government's counsel.

It further said: “We just want to be doubly sure that we are not taking over someone else's jurisdiction.”

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

The bench was referring to a PIL filed in the Allahabad High Court by a BJP Member from Karnataka Vignesh Shishir seeking CBI probe into Rahul Gandhi's alleged British Citizenship.

Yesterday, the Allahabad High Court asked the Union Government about the proposed decision on the representation-cum-complaint sent by Shishir to the competent authority, under Section 9(2) of the Citizenship Act, 1955, seeking cancellation of Gandhi's citizenship.

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

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.