No Instructions From Centre To Specify Timeline For Decision On Rahul Gandhi's Citizenship Issue: Dy. SG To Allahabad HC

Deputy Solicitor General of India and Senior Advocate SB Pandey submitted before a bench of Justice Attau Rahman Masoodi and Justice Rajeev Singh that he has received no instructions to spell out any such time limit.

Taking into account this submission, the division bench disposed of a Public Interest Litigation (PIL) plea filed by a BJP Member from Karnataka, S. Vignesh Shishir, questioning Gandhi's citizenship.

The bench also noted that in respect of the issue of Gandhi's citizenship, the petitioner had not brought on record any tangible material which on its face value would disqualify Gandhi from his membership in the Parliament.

“The petitioner has not substantiated his pleas on the strength of any decision taken by the Central Government, according to which, the participation of respondent No.1 in the parliamentary proceedings stands obstructed. We also take note of the fact that recourse to the representation before the Central Government has also not fructified for the grant of residual relief prayed for in the writ petition,” the bench noted.

It may be noted that the petitioner (Vignesh) had moved the HC seeking a direction to the Chief Election Commissioner (CEC), the Chief Electoral Officer of Uttar Pradesh, and the Returning Officer of Raebareli to cancel Gandhi's electoral certificate. In his plea, he also sought a CBI probe into his alleged British citizenship.

He had also moved a detailed representation-cum complaint to the Foreigners Division, Ministry of Home Affairs, wherein a request has been made to cancel Gandhi's Indian citizenship. The representation has been moved as per Rules and Regulations of S. 9 (2) of 1955 Act r/w Rule 40 (2) of the Citizenship Rules 2009 and Schedule III of 2009 Rules.

For context, Section 40 of the 2009 Rules deals with the Central Government's authority to determine whether, when, or how any citizen of India acquired the citizenship of another country.

Vignesh had moved this representation following the dismissal of a similar PIL plea (filed by the same petitioner) that was withdrawn earlier, with a liberty to the petitioner to approach the competent authority under Section 9(2) of the Citizenship Act, 1955, as far as it is permissible in law.

His PIL plea also stated that he made detailed enquiries into the issue, got several 'new inputs', and sent emails to the UK government seeking details about Gandhi's citizenship records.

In this process, the Petition further stated that he learned that the UK government had already received a request from one VSS Sarma (respondent no. 14) seeking the details in 2022. After that, he (PIL petitioner-Vignesh) contacted Sarma, who agreed to share the 'confidential' emails he received from the UK Government.

The PIL petition alleged that in those 'confidential' emails (of 2022), the UK Government has indicated that it has records of Rahul Gandhi's British Nationality.