The Delhi High Court will hear on October 9, a petition filed by Bhartiya Janata Party leader Subramanian Swamy regarding the issue of citizenship of Congress leader Rahul Gandhi.
The Division Bench of Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela on Thursday asked the counsel appearing for the Central government to obtain a copy of the petition pending on the issue before the Allahabad High Court.
The Apex Court said before proceeding further in the matter, it would be in the interest of justice to know the position in the High Court.
The Bench made the observations referring to the PIL filed in the High Court by Karnataka BJP leader Vignesh Shishir seeking a CBI probe into Gandhi’s alleged British citizenship.
Noting that it would not be proper for two courts to deal with the same issue, the Apex Court said it wanted to be doubly sure that it was not taking over someone else’s jurisdiction.
Swamy appeared as a petitioner in person along with his counsel, Advocate Satya Sabharwal.
On September 25, the High Court questioned the Union of India regarding the proposed decision on the representation-cum-complaint sent by Shishir to the competent authority, under Section 9(2) of the Citizenship Act, 1955, seeking cancellation of Gandhi’s citizenship.
Swamy sought a direction to the Union Government to file a status report on his complaint against the Congress leader.
In August 2019, Swamy wrote a letter to the Centre on alleged violations made by Gandhi in ‘voluntarily’ disclosing to the British government that he was a citizen of British nationality, amounting to holding a British passport.
The BJP leader alleged that Gandhi, being an Indian citizen, violated Article 9 of the Constitution of India, read with the Indian Citizenship Act, 1955. Gandhi would lose or cease to be an Indian citizen, Swamy claimed.
Article 9 of the Constitution of India states that no person shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign State.
A notice was sent by the Union government to Gandhi on April 20, 2019, with the subject “Complaint regarding citizenship.”
Swamy claimed that a company named Backops Limited was registered in the United Kingdom in 2003, with Gandhi as one of the Directors and Secretary. He further alleged that in the company’s Annual Returns filed in 2005 and 2006, Rahul Gandhi’s date of birth was given as June 19, 1970, and his nationality was mentioned as British.
He said that despite many representations made to the Centre seeking an update and the status of his complaint, no action has been taken. Swamy further sought direction to the Centre to decide on his complaint or representation at the earliest and furnish the conclusion or final order of the same.
Earlier in May 2019, the Apex Court had dismissed a plea to restrain Gandhi from contesting the 2019 general elections till the determination of his alleged ‘dual citizenship’ over supposedly procuring British citizenship.
The Apex Court had observed orally that just because a paper said that he (Gandhi) had British citizenship, he did not become a British citizen. Merely because a company mentioned British citizenship, it did not mean he had British citizenship.