27

Nov

Home Ministry’s Comment Sought on Rahul Gandhi’s Citizenship

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Dr Satish Misra

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New Delhi | Wednesday | 27 November 2024

In a serious challenge to Leader of the Opposition Rahul Gandhi, the Allahabad High Court has directed Additional solicitor general (ASG) S.B. Pandey to obtain instructions from the Union Home Ministry in this regard within three weeks and to place its response on the next date.

At the same time, the Court has also directed to list the plea in the week commencing from December 19, 2024, said ASG Pandey.

The Rashtriya Swyamsevak Sangh-BJP has been trying to their best leaving no stone unturned to oust Rahul Gandhi out of the country’s political system as Leader of the Opposition has consistently been opposing the Hinduatva ecosystem on ideological grounds. Apart from him, only some Left leaders are critical of the Hinduatva while all other opposition parties have either been silent on the issue or only make occasional comments.    

The HC in July 2024 had allowed a BJP member S Vignesh Shishir to withdraw a similar petition and granted him the liberty to pursue remedies under the Citizenship Act. Shishir has now again moved the high court for a decision on his representations. Shishir informed the court that after withdrawing his earlier petition before the high court, he submitted two representations to the competent authority in the Union home ministry.

 

Article at a Glance
The Allahabad High Court has directed Additional Solicitor General S.B. Pandey to seek instructions from the Union Home Ministry regarding a challenge to Rahul Gandhi's citizenship, with a response due within three weeks.
The case stems from a petition by BJP member S. Vignesh Shishir, who claims that Gandhi holds British citizenship, which would violate Indian laws against dual citizenship. Shishir has requested a CBI investigation into Gandhi's citizenship status and has urged the court to revoke Gandhi's electoral certificate.
The plea references communications from the UK government indicating Gandhi's name is in their citizenship records, although access to this information requires Gandhi's consent. Additionally, BJP leader Subramanian Swamy has filed a related petition in the Delhi High Court, further intensifying the scrutiny on Gandhi's political standing.

The petitioner -- Shishir, a resident of Karnataka -- has been doggedly pursuing the issue and has also sought a CBI probe into Rahul Gandhi's citizenship.

"I am hoping that the government will promptly revoke the Indian citizenship of Rahul Gandhi. We have received direct communication from the UK government that Gandhi's name is in the British citizenship records," he added.

"We have presented all the documents to the Allahabad High Court.... Under Indian laws dual citizenship is not allowed. Once someone takes the citizenship of another nation, Indian citizenship gets automatically cancelled," he added.

The plea also prays for a direction to the Chief Election Commissioner, Chief Electoral Officer UP, and Returning Officer, Raebareli, to cancel Gandhi's electoral certificate.

The PIL petition alleges that in those 'confidential' emails (of 2022), the UK Government has indicated that it has records of Rahul Gandhi's British Nationality, and such 'personal data' is governed by the UK General Data Protection Regulations as per the Country's Data Protection Act, 2018. However, the plea adds that the alleged mail further states that the Government can't provide information about Gandhi unless the UK Govt gets a signed letter of authority from Gandhi.

Against this backdrop, the PIL plea claims that the alleged mail from the UK Government is an 'outright admission' that Gandhi is a citizen of the United Kingdom.

Therefore, the PIL pleads that the CBI conduct a detailed probe into the matter, get a Letter of Rogatory from a competent court in India and extract all the Government records and information available with the Government of the UK/Britain regarding Gandhi's citizenship.

It may be noted that Bhartiya Janata Party (BJP) leader Subramanian Swamy has also filed a petition in the Delhi High Court regarding Congress leader Rahul Gandhi's citizenship.

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