Setback for Rahul Gandhi: PIL in Allahabad High Court Seeks CBI probe Into Alleged British Citizenship

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The petitioner submitted various documents that reportedly demonstrate Gandhi’s interactions and affiliations with the British government. These records suggest that he may have officially claimed British nationality at some point, raising doubts about the legitimacy of his Indian citizenship.

Allahabad: A Public Interest Litigation (PIL) has been filed today (12th Sept) in the Allahabad High Court, targeting Congress leader Rahul Gandhi. The petitioner has called for an investigation by the Central Bureau of Investigation (CBI) into allegations surrounding Gandhi’s purported British citizenship.

The PIL focuses on accusations that Gandhi may have held British citizenship, a claim which, if proven, could profoundly affect his political standing in India.

The petitioner has submitted various documents that reportedly demonstrate Gandhi’s interactions and affiliations with the British government. These records suggest that he may have officially claimed British nationality at some point, raising doubts about the legitimacy of his Indian citizenship.

Such an allegation is a serious issue under Indian law, as Indian politicians are required to hold Indian citizenship exclusively.

This isn’t the first time that Rahul Gandhi has faced accusations of holding dual citizenship. BJP leader Subramanian Swamy has been at the forefront of these claims, which have periodically surfaced in the public domain.

Swamy previously approached the Delhi High Court with documents that he claimed were part of Gandhi’s filings with the British government. These documents reportedly raised questions about Gandhi’s citizenship status and fueled ongoing debates over his political eligibility.

Justice Sanjeev Narula directed that the case be sent to the PIL roster bench, noting that Swamy had not demonstrated any “enforceable constitutional rights” that would warrant writ directions to the MHA. Nevertheless, the court acknowledged Swamy’s argument that the matter involves public interest and thus will be addressed by the PIL roster bench.

In Swamy’s words:

“This document represents Gandhi’s annual return filed with the British government.”

Swamy argued that Gandhi’s actions contravened Article 9 of the Indian Constitution and the Indian Citizenship Act, potentially resulting in the forfeiture of his Indian citizenship. He also mentioned that despite multiple inquiries to the ministry about his complaint, he had not received any response or action on the matter.

The MHA had requested clarification from Gandhi on April 29, 2019, but Swamy argues that no resolution has been provided to date.

Critics of Gandhi have argued that dual citizenship, if proven, would violate Indian constitutional norms, which do not permit individuals holding foreign citizenship to hold public office. Some experts argue that the existence of dual citizenship for Indian politicians could undermine national sovereignty and raise conflicts of interest. In contrast, Gandhi’s defenders argue that the allegations are an attempt to malign his reputation ahead of elections.

While the High Court has not yet decided on the matter, the petitioner’s demand for a CBI inquiry is a critical development. If the court rules in favor of an investigation, it could further escalate the issue and bring more scrutiny to Rahul Gandhi’s personal and political life.

The petitioner has argued that if Gandhi is found to have acquired British citizenship, it would render him ineligible for any public office in India.

“We urge the court to instruct the CBI to carry out a thorough investigation into Rahul Gandhi’s citizenship status under the BNS Act,”

the petitioner stated.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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