November 22, 2024

Dr. Swamy’s Petition to Revoke Rahul Gandhi’s Citizenship Set for Hearing on Nov 6

The bench, led by Chief Justice Manmohan, has given BJP leader Subramanian Swamy time to file the Allahabad High Court's order related to the case.

The bench, led by Chief Justice Manmohan, has given BJP leader Subramanian Swamy time to file the Allahabad High Court's order related to the case.

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The Delhi High Court is set to hear a petition seeking to cancel Rahul Gandhi’s Indian citizenship. The bench, led by Chief Justice Manmohan, has given BJP leader Subramanian Swamy time to file the Allahabad High Court’s order related to the case. The next hearing is scheduled for November 6.

On September 27, the High Court noted that if the Allahabad High Court is already reviewing this matter, it cannot proceed with the case. Chief Justice Manmohan directed Additional Solicitor General Chetan Sharma to provide a status report on the Allahabad hearing and a copy of the petition filed there. He emphasized that the Delhi High Court would wait for this information to avoid jurisdictional conflicts.

Previously, on August 20, a single bench of the High Court transferred the petition to another bench after finding the petitioner did not adequately explain any constitutional rights involved. However, Swamy argued that the issue has significant public interest and deserves a hearing.

During the proceedings, Swamy stated that he informed the Home Ministry in 2019 about Backops Limited, a British company with Rahul Gandhi as one of its directors. The petition claims that the company’s income tax returns filed in 2005 and 2006 listed Gandhi as a British citizen. Additionally, the petition cites an application from February 2009 to dissolve the company, which also identified Gandhi’s citizenship as British.

The petition asserts that this situation violates Article 9 of the Constitution and the Indian Citizenship Act. This article states that any individual who voluntarily acquires another country’s citizenship cannot retain Indian citizenship. In April 2019, the Home Ministry requested clarification from Gandhi on this matter, but after more than five years, no response has been provided. The petition calls for the court to guide the Home Ministry to reach a decision.