Home Ministry says probe on Rahul Gandhi’s British Citizenship is under consideration

MHA: Rahul’s UK Citizenship probe under review

For the first time, the Union Home Ministry on Wednesday informed the Delhi High Court that the probe on the British Citizenship of Rahul Gandhi is “under consideration”. In a previous hearing, the High Court had sent 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 Hon’ble Court regarding the same on the next date of hearing iE: 26.03.2025, 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 the Allahabad High Court, and the Ministry of Home Affairs (MHA) has been asked to make a decision by April 21. BJP worker Vignesh Shishir’s petition was just a paste of Subramanian Swamy’s complaints to MHA and the documents released by him in 2015. His petition had a lot of disparities and wrong claims that the CBI was probing the case. 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 a 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 the Government was resorting to delay tactics. “This is a delaying tactic. My petition has been there since 2019. The minister had given a show cause notice to which Gandhi had not replied. At least, a direction can be passed to file his affidavit. When I 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 the Ministry about the Allahabad High Court order. It is for the Ministry to make this decision. We cannot pass in 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.

After the Delhi High Court hearing, Swamy posted in X: “Modi and his pet poodles are upset that I have made it Delhi High Court seem almost certain that Rahul Gandhi will soon lose his Indian citizenship since has a British Passport at least since 2001. Under Indian law, no Indian can have two passports or citizenships.”

Modi and his his pet poodles are upset that I have made it Delhi High Court seem almost certain that Rahul Gandhi will soon lose his Indian citizenship since has a British Passport at least since 2001. Under Indian law no Indian can have two passports or citizenships.

— Subramanian Swamy (@Swamy39) March 26, 2025

Background of Rahul Gandhi’s British Citizenship 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 British Citizen and resident of London. Rahul had shown two addresses in London. The company was closed in 2009 and Rahul was Member of Parliament from 2004.

Soon Swamy filed a complaint to Lok Sabha Speaker in 2015, and the petition was forwarded to Ethics Committee headed by L K Adavani which took no action except seeking reply from Rahul. In his Rahul kept silence on his self declared British Citizenship in the British Company Register and mearly said “none can question his Indianness.” In 2017, Swamy filed a complaint to MHA, and in April 2019, MHA issued a show cause notice to Rahul. In 2023, Swamy approached the Delhi High Court, seeking an MHA to make a decision on his complaint.

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