Union Home Ministry on Wednesday informed the Delhi High Court that probe on the British Citizenship of Rahul Gandhi is “under consideration”. Previous hearing, the High Court had send notice to MHA to declare its stand, while the Ministry many times sought time to reply to the petition filed by BJP leader Subramanian Swamy.
“In this regard it is humbly submitted that the subject matter is presently under consideration in the Ministry. Therefore it is requested to appraise the Honorable Court regarding the same on the next date of hearing ie 26.3.2025, thereby defending the interest of the Union of India,” said MHA’s Foreigners Division (Citizenship Wing). The next hearing is posted for March 28, by dismissing an intervening petition by a BJP worker Vignesh Shishir.
The BJP worker from Karnataka had approached Allahabad High Court, and Ministry of Home Affairs (MHA) has been asked to take a decision by April 21. A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela noted the same and also said the Ministry should have apprised the Court of the action taken, since the pendency of similar matter before Allahabad High Court could lead to divergent orders.
Additional Solicitor General (ASG) Chetan Sharma, appearing for the MHA, said that the Allahabad High Court had on March 24 ordered MHA to decide the representation filed by the petitioner before the High Court, one Vignesh Shishir. “It has been posted for hearing before High Court on April 21,” the ASG pointed out.
The petitioner Subramanian Swamy alleged that Government was resorting to delay tactics. “This is delaying tactic. My petition has been there since 2019. The minister had given a show cause notice to which Gandhi has not replied. At least, a direction can be passed to file his affidavit. When I had filed this matter, there was no other matter (in any other High Court). It is unfair that after doing all this work, they have recycled the same matter,” Swamy said.
The Court nevertheless said that the issue is under the consideration of the MHA and the hearing can wait till a decision is taken by the Government. “ASG has been informed by Ministry about the Allahabad High Court order.
It is for the Ministry to make this decision. We cannot pass any direction. We are only taking notice of the Allahabad High Court decision which has been passed by a division bench,” the Delhi High Court remarked while adjourning the case.
In 2015, Subramanian Swamy produced documents of a british company Backops, where Rahul Gandhi is a Director and Company Secretary. The documents showed that from 2002 to 2009, Rahul declared himself as Brtish Citizen and London resident. The company was closed in 2009 and Rahul was Member of Parliament from 2004. In 2017, Swamy filed complaint to MHA and in April 2019, MHA issued show cause notice to Rahul. In 2023 Swamy approached Delhi High Court, seeking MHA to take a decision on his complaint.
