New Delhi: The Delhi High Court, on Friday, sought the Union Government’s response to a plea filed by BJP leader Subramanian Swamy regarding the alleged dual citizenship of Congress leader Rahul Gandhi. Swamy has urged the government to provide a status report on his 2019 complaint against Gandhi, citing violations of Indian citizenship laws.
A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela was informed that the government’s counsel had recently been designated as a senior advocate, necessitating the reassignment of the case to new counsel. Swamy, appearing in person alongside Advocate Satya Sabharwal, requested the bench to issue notice in the matter. The court, however, directed the government’s counsel to first obtain instructions, adjourning the case to January 13, 2025.
Also present was BJP member from Karnataka, Vignesh Shishir, who is pursuing a related case before the Allahabad High Court. Shishir updated the bench about his Public Interest Litigation (PIL) seeking a CBI probe into Gandhi’s alleged British citizenship.
Background of the Case
Swamy had previously alleged that Gandhi, while being an Indian citizen, had voluntarily disclosed British nationality to the UK authorities, which he argued violates Article 9 of the Indian Constitution and the Citizenship Act, 1955. Article 9 stipulates that any Indian citizen acquiring foreign citizenship ceases to hold Indian nationality.
In his complaint, Swamy cited records from Backops Limited, a UK-based company registered in 2003, where Gandhi was listed as a director and secretary. The company’s 2005 and 2006 annual returns reportedly described Gandhi as a British national. The Centre had issued a notice to Gandhi in April 2019 seeking clarification on the matter.
Despite multiple representations made to the government, Swamy claims no action has been taken to address his complaint. In his petition, he has requested the Centre to expedite the investigation and provide a conclusive response.
Previous Court Observations
In May 2019, the Supreme Court dismissed a plea to bar Gandhi from contesting elections over the alleged citizenship issue. The Court observed that merely labeling Gandhi as a British citizen in company documents was insufficient proof of dual nationality.
The ongoing case in the Delhi High Court seeks to revisit these allegations, with Swamy pressing for a comprehensive investigation by the Union Government.