The Allahabad High Court has directed the Union government to provide a personal security officer (PSO) to a litigant who has been claiming that Congress leader Rahul Gandhi holds British Citizenship [S Vignesh Shishir v Union of India].
The Division Bench of Justice Sangeeta Chandra and Justice Brij Raj Singh on August 28 asked the Ministry of Home Affairs to respond to S Vignesh Shishir’s petition seeking Y-Plus Category Security cover of the Central Armed Police Force.
As an interim measure, the Court directed the Central government to forthwith provide Shishir one PSO of the Central Armed Police Forces for round-the-clock security.
It reasoned that he has been pursuing cases against a “very powerful individual."
“We are, prima facie, satisfied that the matter requires consideration as the petitioner has been pursuing his cases against a very powerful individual and is facing constant threats and has to appear before the Investigating Officer at Police Station Kotwali, District Raebareli in pursuance of notice issued to him,” the Court said.
In his plea, Shishir said that he had filed a complaint with the Central Bureau of Investigation (CBI) against the Leader of Opposition and had appeared before the Investigating Officer in Delhi on multiple occasions.
He also claimed to have submitted documents and other materials showing “the British citizenship of Shri Rahul Gandhi."
In particular, Shishir said he has disclosed the details of M/s Backops Limited, incorporated on August 21, 2003, in the United Kingdom, in relation to which Gandhi allegedly mentioned his nationality as British and his occupation as a Director of the company.
The Court was also told that Shishir has filed a criminal complaint with the Raebareli police against Gandhi and has been issued a notice to appear before the Investigating Officer.
Shishir further told the Court that he has filed objections against the candidature of Priyanka Gandhi Vadra in Wayanad, Kerala. Since his objections have not been taken into account, he is in the process of “filing a writ of quo warranto” against the Member of Parliament (MP), the Court was told.
It was submitted that Shishir is facing threats because of his cases against the Gandhis. He also claimed to have assisted the authorities in several cases relating to income tax evasion, money laundering, left-wing extremism, foreign funding in NGOs, election financing cases, benami transactions, terror financing, and corruption cases.
In response, Deputy Solicitor General of India SB Pandey told the Court there is a Witness Protection Scheme, and since Shishir has received threats, the Court may pass an appropriate order for providing security to him to at least pursue his case without fear.
Pandey also sought time for the government to file a counter-affidavit to Shishir’s plea. The Court then listed the matter for hearing on October 9 and called for the government to make a decision on Shishir's representation for security.
“In the meantime, respondent nos. 1 to 9 shall ensure that counter affidavit is filed to the writ petition annexing therewith the decision, if any, taken on the representation of the petitioner forwarded by the Office of Hon’ble Prime Minister to the Ministry of Home Affairs i.e. respondent no.1,” the Court ordered.
S Vignesh Shishir appeared in person.
Deputy Solicitor General of India SB Pandey with advocate Anand Dwivedi appeared for the Union of India.
[Read Order]