Justice Subhash Vidyarthi recused himself in the Rahul Gandhi citizenship row after noting that BJP worker Vignesh Shishir sought public opinion on social media and tried to involve the CJI, leading the Court to see his conduct as undermining judicial integrity
A major development has taken place in the case concerning Congress leader Rahul Gandhi’s alleged dual citizenship. Justice Subhash Vidyarthi of the Lucknow Bench of the Allahabad High Court refused to hear the matter.
Justice Subhash Vidyarthi recused himself from the proceedings and declined to proceed further. The issue will now be heard by the Chief Justice of the UP, before another bench is constituted.
The court has directed that the case file be placed before the Chief Justice so that a fresh bench can be formed and the hearing can be scheduled accordingly.
The Court observed that Shishir had been using his social media accounts to ask the public whether he should continue arguing the case before the same bench and had also tried to seek the CJI’s intervention.
Taking note of this conduct, the Court remarked that,
“The messages posted on social media amount to casting aspersions on the Court…The Court is of the opinion that he has maligned the Court“
It has been reported that Justice Vidyarthi took this decision after noting comments made on social media by petitioner S. Vignesh Shishir. The newly constituted bench will now conduct further hearings in this sensitive matter.
Justice Vidyarthi orally observed that the petitioner had shared social media content alleging foul play by the Court, and that the entire incident amounted to “unfair treatment” toward him.
Noting his strong disapproval of the controversial social media posts, Justice Vidyarthi orally remarked that he regretted hearing the case, stating that he had been used by the Applicant Shishir for his own “political mileage.”
Notably, the case had already been heard on April 17. During that hearing, the lawyers for the petitioner as well as for the central and state governments were asked whether a notice should be issued to Rahul Gandhi. The lawyers had stated that there was no need to issue any notice.
Subsequently, an order was passed directing the registration of an FIR. However, the very next day April 18 the court altered its own order and directed that a fresh FIR be registered against MP Rahul Gandhi. The revised order was published on the court’s website on Saturday, April 18.
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Justice Subhash Vidyarthi was handling the case at that time. He reviewed his decision before the FIR order was formally typed. After going through earlier cases, he concluded that notices are required in such matters.
The court observed that it was not appropriate to decide the matter without issuing a notice to Rahul Gandhi.
Following this, petitioner S. Vignesh Shishir wrote on X,
“I will complain about the case to the CJI.”
He also accused the judge of taking bribes.
The Lucknow Bench had earlier ordered the registration of an FIR against Rahul Gandhi on Friday. Justice Subhash Vidyarthi had observed that after registering the FIR, the matter should be transferred to the CBI. However, before that, on January 28, 2026, the MP/MLA court had dismissed Vignesh Shishir’s petition.
During the proceedings, Justice Vidyarthi had directed the Foreigners Division of the Home Ministry to submit all documents connected to the case. The ministry submitted the relevant files to the High Court.
Vignesh Shishir has claimed that he produced documents and evidence in court. According to him, the material shows Rahul Gandhi has been listed as a voter in the United Kingdom, and records exist regarding participation in elections there.
Earlier, On Friday’s hearing, advocate Dr. BK Singh appeared on behalf of the UP government. The central government was represented by advocate S. B. Pandey. Bindeshwari Pandey appeared for the petitioner, Vignesh Shishir.
The complaint was initially filed in the special MP/MLA court in Raebareli. However, at the petitioner’s request, the High Court transferred the case to Lucknow on December 17, 2025.
Later, on January 28, 2026, the MP/MLA court in Lucknow dismissed the petition. After that, the petitioner approached the High Court, which first ordered registration of an FIR and then reversed its own decision.
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Earlier, in 2019, the Supreme Court dismissed a petition involving Rahul Gandhi’s citizenship issue. Then Chief Justice Ranjan Gogoi had said that if a company describes Rahul Gandhi as a British citizen in a form, that alone would not make him a British citizen.
Rahul Gandhi’s membership was cancelled on 24 March 2023 after being convicted by a Gujarat court in the “Modi surname” case. During the hearing of that case on 4 August, the Supreme Court stayed Rahul’s conviction. Following this, the Lok Sabha Secretariat restored his membership on 7 August 2023.