The Allahabad High Court has put its earlier FIR direction on hold against Rahul Gandhi, citing the need to examine if prior notice to the accused is legally required. The court will now hear the matter in detail on April 20, focusing on procedural safeguards before criminal action.
The Allahabad High Court (Lucknow Bench) has temporarily stopped its earlier move to direct registration of an FIR against Congress MP Rahul Gandhi in the alleged dual citizenship case. The court has decided to first examine an important legal issue—whether giving prior notice to the accused is mandatory before ordering such action.
The matter was heard by a bench of Justice Subhash Vidyarthi. Earlier, during oral observations on Friday, the court had indicated that prima facie cognisable offences appeared to be made out against Gandhi. It had even allowed the Uttar Pradesh government to consider handing over the investigation to a central agency.
ALSO READ: Rahul Gandhi Citizenship Row: ED Summons Petitioner Vignesh Shishir
However, before finalising and signing the order, the bench came across a full court judgment which clearly states that notice must be issued to the proposed accused before passing such directions. Taking this into account, the court decided to pause its earlier direction and re-examine the legal position.
The bench also noted that during the previous hearing, none of the lawyers appearing in the case informed the court about this legal requirement of issuing prior notice.
Now, the court will first decide whether such notice is compulsory in law before proceeding further in the matter. The next hearing has been scheduled for April 20.
The case originates from a petition filed by Karnataka-based BJP worker S. Vignesh Shishir. He has alleged that Rahul Gandhi was a UK citizen and had incorporated a company named M/s Backops Ltd in August 2003, where he declared his nationality as British.
ALSO READ: Rahul Gandhi’s Citizenship Row| Allahabad HC Reopens Case After New Evidence Emerges
According to the petition, Gandhi also filed annual returns of the company in October 2005 and October 2006, again mentioning his nationality as British. The company was reportedly dissolved in February 2009.
During the earlier hearing, Deputy Solicitor General S. B. Pandey presented records from the Central government related to the citizenship issue. Meanwhile, state government counsel V. K. Singh argued that the allegations, on the face of it, disclose cognisable offences.
After considering the material, the court had initially observed that there appeared to be sufficient grounds for investigation.
The petitioner has sought registration of an FIR against Rahul Gandhi under various laws, including provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Foreigners Act, and the Passport Act.
The complaint was first filed before a special MP/MLA court in Rae Bareli and was later transferred to Lucknow on the request of the petitioner.
With the latest development, the focus of the case has now shifted to a crucial procedural question—whether courts must issue prior notice to an accused before directing criminal proceedings like FIR registration. The answer to this question could significantly impact how such cases are handled in the future.
Read the Report On Rahul Gandhi’s British Citizenship
