Rahul Gandhi citizenship: Delhi High Court asks Centre why it hasn't replied to Subramanian Swamy claim

The Delhi High Court on Wednesday asked the Central government why it has not responded to the representation made by Bharatiya Janata Party (BJP) leader Subramanian Swamy regarding the claim that Congress leader Rahul Gandhi is a British citizen. .A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela asked Additional Solicitor General (ASG) Chetan Sharma, who was representing the Central government, to obtain instructions regarding the matter."The prayer is not to make decision on the substantive issues of the pending matter in either of the matters pending here or in Allahabad. He is only seeking directions on his representations. Seek instructions then regarding stage of the proceeding regarding the letter," the Court told ASG Sharma.This was after Swamy told the Court that the government had issued a show cause notice to Gandhi asking him to explain his British citizenship. but there was no reply on the part of Gandhi to the same and no action was taken by the government too after that."The Government of India, on my letter to the Home Ministry, wrote a show cause notice to Gandhi to explain the data brought on record to show that he is also a British citizenship. Under Indian Law, no Indian can have citizenship of any other country. This was never replied, no reminders sent, no action taken by the government. The government must complete its responsibility," Swamy contended.In light of the same, the Court posted the case for further hearing on March 26 while asking the ASG to obtain instructions on the status of the proceedings with respect to Swamy's representation."List on March 26 to enable ASG complete their instructions, specially keeping in view the document enclosed as Annexure P2 in the petition, which is a 2019 letter issued by MHA," the Court said..Background.Swamy's plea before the High Court has alleged that Gandhi is a British national.He has sought directions to the Ministry of Home Affairs (MHA) to decide his representation to cancel the Indian citizenship of Gandhi.Swamy had written to the MHA in 2019 alleging that a company named Backops Limited was registered in the United Kingdom (UK) in the year 2003, and that Gandhi was one of its Directors and Secretary. The BJP leader said that in the company's annual returns filed on October 10, 2005 and October 31, 2006, Gandhi declared his nationality as British. It was further stated that in the company's dissolution application dated February 17, 2009, Gandhi's nationality had again been mentioned as British. According to Swamy's petition, this violates Article 9 of the Constitution of India and Indian Citizenship Act, 1955. The MHA wrote to Gandhi on April 29, 2019 asking him to "intimate the factual position" in this regard withing a fortnight. However, as per Swamy, despite more than five years having passed after his letter, there is still no clarity from the MHA as to what decision has been taken on it. .The High Court had earlier deferred the hearing in the matter after it was brought to the notice of the Bench that a similar plea is pending before the Allahabad High Court.In that petitioner, one S Vignesh Shishir had sought a Central Bureau of Investigation (CBI) probe into Rahul Gandhi's citizenship.He had alleged that there was evidence to indicate that Gandhi holds British citizenship.In November 2024, the Allahabad High Court asked the Union Home Ministry to take a decision on the representation filed by Shishir..Hearing today.When the matter was heard on Wednesday Swamy said that the government is yet to any further action despite his representation.Interestingly, Shishir, the petitioner before Allahabad High Court, appeared before the Delhi High Court and said that the Allahabad High Court is already seized of the issue."They are not the same prayers," Swamy said."What do you want here from us," the Bench asked Shishir. "This case has become infructuous because of the submissions made by the Government of India before the Allahabad High Court that they are at the final stage of taking a decision ," Shishir replied."You may assist and supplement when called for," Justice Tushar Rao Gedela told Shishir.ASG Chetan Sharma addressed the Court and said that the pendency in Allahabad High Court will not preclude the jurisdiction of the Delhi High Court. ."The pendency in the Allahabad High Court is no bar for My Lords to consider this matter. In the previous hearings, the Court sought record of Allahabad High Court to see if any parallel proceedings going on. No cavil," he said..[Read Live Coverage]