A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela requested the Central government’s proxy counsel to obtain instructions on the matter, stating, “We require the assistance of the counsel from the state before passing any orders.”
![[Rahul Gandhi Citizenship Row] Delhi HC Seeks Centre's Response On Subramanian Swamy's Plea](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/image-11.jpeg?resize=800%2C450&ssl=1)
NEW DELHI: The Delhi High Court on Friday (6th Dec) directed the Central government response to clarify its position on BJP leader Subramanian Swamy’s petition, which seeks instructions to the Ministry of Home Affairs to decide on the issue of Congress leader Rahul Gandhi’s Indian citizenship.
A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela requested the Central government’s proxy counsel to obtain instructions on the matter, stating, “We require the assistance of the counsel from the state before passing any orders.”
Initially inclined to issue notice, the court was informed that the government’s previous counsel had been designated as a senior advocate, necessitating the appointment of new representation. Consequently, the court scheduled the hearing for January 13, 2025.
Swamy’s plea, filed through advocate Satya Sabharwal, referred to an August 6, 2019, letter sent to the ministry, alleging that Gandhi had “voluntarily disclosed” British citizenship to UK authorities, thereby violating Article 9 of the Constitution and the Indian Citizenship Act, which could result in the loss of his Indian citizenship.
Swamy also claimed he had repeatedly approached the ministry for an update on his complaint but received no response or action.
Earlier, the Allahabad High Court instructed the Union Home Ministry to decide on the representation filed by a citizen questioning Gandhi’s Indian citizenship.
A bench consisting of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi directed the government to report on the outcome of this representation by December 19.
The interim order was issued in response to a plea from S. Vignesh Shishir, who has requested a Central Bureau of Investigation (CBI) inquiry into Gandhi’s citizenship status. The petitioner claims to have evidence suggesting that Gandhi possesses British citizenship.
During the hearing on November 25, Deputy Solicitor General SB Pandey informed the court that the Central government has received the petitioner’s representation and is currently processing it. The bench adjourned the case, indicating that the outcome of the representation should be communicated to the court by the next hearing on December 19.
The November 25 order stated,
“List this matter on 19th of December, 2024. The outcome of the representation shall be apprised to the Court on the next date of listing.”
