Delhi HC seeks to know status of plea in Allahabad HC over Rahul Gandhi’s citizenship in Subramanian Swamy’s petition

Rahul Gandhi citizenship: Delhi HC cites parallel petition in Allahabad HC, says same issue can’t be heard simultaneously

The Delhi High Court on Thursday asked the Centre to obtain a copy of a petition pending before the Allahabad High Court on the issue of Congress leader Rahul Gandhi’s citizenship. The High Court sought the response to BJP leader Subramanian Swamy’s petition, accusing the Union Home Ministry of not acting for the past six years. On Wednesday in another petition, the Lucknow Bench of Allahabad High Court sought Home Ministry’s response and the case is posted for September 30.[1]

Hearing on Subramanian Swamy’s petition, the Delhi High Court said a petition on a similar issue is also being heard by the Allahabad High Court and two courts can’t deal with the same issue simultaneously.

The court said before proceeding further in the matter, it would be in the interest of justice to know the position about the pending petition in the Allahabad High Court.

“We read in the newspaper that Allahabad High Court is also seized of the controversy. Two courts cannot deal with the same issue simultaneously.

“You (Centre) check up on the status of the petition at Allahabad High Court and also obtain a copy of the petition. We just want to be doubly sure that we are not taking over someone else’s jurisdiction,” a bench of Chief Justice designate Manmohan and Justice Tushar Rao Gedela said.

The bench was hearing a plea by BJP leader Subramanian Swamy for directions to the Ministry of Home Affairs (MHA) to decide his representation seeking cancellation of Rahul Gandhi’s Indian citizenship. Swamy, in his plea, also sought a direction from the MHA to furnish a status report on the representation filed by him against Gandhi, the Leader of the Opposition in the Lok Sabha.

Allahabad HC was hearing a public interest litigation (PIL) moved by BJP worker from Karnataka, S Vignesh Shishir, claiming that he has done detailed enquiries into the issue of Gandhi being a British citizen and has got several new inputs.

In his plea in the Delhi High Court, Swamy has said that the Congress leader, being an Indian citizen, has violated Article 9 of the Constitution, read with the Indian Citizenship Act, and would cease to be an Indian citizen. e said he has sent many representations to the Ministry inquiring about the status of his complaint but neither any action has been taken nor he has been intimated about it.

Subramanian Swamy in 2015, exposed the self-declared British citizenship of Rahul Gandhi. The Congress leader had floated a company in London named BackOps in 2002 and declared in the company register as a British Citizen with London addresses till 2009. Rahul Gandhi has been a Member of the Indian Parliament since 2004. Swamy also produced a London-based Barclays Bank account of Rahul Gandhi, naming him as Raul Vinci. The account was operative from 1994 to December 2014.[2]

Reference:

[1] Allahabad High Court asks Home Ministry about status of query on Rahul Gandhi citizenship – Sep 25, 2024, Bar and Bench

[2] Delhi High Court converts Subramanian Swamy’s writ petition on Rahul Gandhi’s British citizenship into PIL – Aug 20, 2024, PGurus.com

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