The Delhi High Court heard on Friday the petition to cancel Indian citizenship of Congress MP and Leader of Opposition in Lok Sabha Rahul Gandhi. The High Court has asked the central government's stand on the petition. This petition has been filed by BJP leader Subramanian Swamy.
A bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gadela deferred further orders pending a reply from the public prosecutor.
The court did not issue a formal notice on Swamy's plea. During the hearing, the proxy counsel appearing on behalf of the central government informed the court that a senior advocate has been nominated to appear on behalf of the central government in the matter. A new lawyer needs time to understand the case. On this, the court has fixed the hearing of the case on January 13, 2025.
Subramanian Swamy wrote a letter on August 6, 2019, requesting the Ministry of Home Affairs to revoke Rahul's Indian citizenship.
At the last hearing on November 6, the High Court directed Vignesh Shishir, who filed the petition in the Lucknow Bench of the Allahabad High Court, to file an affidavit within two weeks.
In fact, Shishir has claimed that Rahul has a 'red' passport with the seal of the British government on it. Under the Citizenship Act in India, no person can hold dual citizenship. Hearing Shishir's plea, the Lucknow bench asked the home ministry to inform by December 19 whether Rahul Gandhi has dual citizenship.
BJP leader Subramanian Swamy filed a petition in the Delhi High Court. He has demanded cancellation of Rahul's Indian citizenship. During the last hearing, Subramaniam Swamy had said that I have written many letters. The court then asked what is the information about the proceedings filed in the Lucknow High Court? Subramaniam Swamy replied that he had nothing to do with us.
Similar application in Delhi and Lucknow High Court Subramaniam said, I am only concerned about my complaint. A response is required from the Ministry of Home Affairs regarding the process. The Delhi High Court said that the petition filed in the Lucknow High Court appears to be too broad. We do not want two identical petitions to be pending in two High Courts. But we should not worry about it at all,” said Subramaniam.
The court said that an investigation is already underway against the petitioner who filed the petition in the Lucknow High Court. Swami said what does this have to do with us? The court said that those who have applied in the Lucknow High Court should come before us and file an affidavit.
Swami said that I am not demanding criminal or civil action. I am only questioning his citizenship. All we are saying is that you cannot be a citizen of 2 countries. I made my first submission in 2019 and the government did nothing for 5 years.
The court said that the second applicant should be allowed to file the affidavit. Appearing virtually before the court, Vignesh Shishir told us that the Lucknow High Court had ordered an inquiry into Rahul Gandhi's petition questioning his citizenship. Therefore, on his request, he was allowed to file that affidavit within 2 weeks.
What will happen if the court rules against Rahul, know…
Question 1: What will happen if Rahul is proved to have two passports? Answer: If Rahul Gandhi is found guilty in the two passport cases, he will be prosecuted under Article 9(2) of the Indian Constitution. A case will be filed against Rahul Gandhi for concealing his citizenship and providing false information.
Under the Citizenship Act 1955, Rahul can be jailed for 5 years for violating the statutory provisions. Rahul can be fined Rs 50,000 or both. Apart from this, his Indian citizenship will also automatically expire.
Question 2: If found guilty, will Rahul's MP also end? Answer: Indian citizenship is required to become a member of Lok Sabha or Rajya Sabha. If Rahul's British citizenship is proved, his Lok Sabha membership will automatically end. They will not get any rights and benefits as Indian citizens. After that, Rahul will neither be able to contest nor vote.
Question 3: What other options does Rahul Gandhi have? Answer: According to senior journalist Rashid Kidwai, there is no strong evidence that Rahul is a British citizen, as Britain conducts an oath ceremony when granting citizenship. There is no information about any such work of Rahul Gandhi. Therefore, the chances of them not being a British citizen increase.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
