British Citizenship Row: Allahabad High Court Defers FIR Order Against Rahul Gandhi Over Notice Issue

The Lucknow Bench of the Allahabad High Court has deferred passing its final order on directing registration of an FIR against Congress leader Rahul Gandhi in the alleged dual citizenship case, stating that it will first examine whether notice to Gandhi is legally mandatory.

On April 17, the court posted the matter for further hearing on April 20, after raising the question of whether an accused is entitled to be heard before a direction for registration of a criminal case is issued.

The development came later in the day, after the bench of Justice Subhash Vidyarthi had, during morning proceedings, orally observed that prima facie cognizable offences appeared to be made out and indicated that an FIR could be directed, while also permitting the Uttar Pradesh government to either investigate the matter itself or refer it to a central agency.

However, before the dictated order could be formally signed, the bench noted a prior full bench judgment of the high court in the case of Jagannnath Verma and others Vs. State of U.P. and others: 2014 which suggested that notice must be issued to the proposed accused in such cases. Court recorded that this legal requirement had not been brought to its attention during earlier arguments, prompting it to withhold the final direction and reconsider the issue.

Court will now hear the parties specifically on the aspect as to whether principles of natural justice require that Gandhi be heard before any direction for registration of an FIR is issued.

The case arises from a petition filed by Karnataka-based BJP worker S. Vignesh Shishir, who challenged a January 28 order of a special MP/MLA court in Lucknow refusing to direct registration of an FIR against Gandhi. The court below had held that issues relating to citizenship fall outside its jurisdiction.

Before the high court, the petitioner has alleged that Gandhi holds British citizenship and is therefore ineligible to contest elections or continue as a Member of Parliament. The plea seeks criminal action under various provisions, including those under the Bharatiya Nyaya Sanhita, the Passport Act, the Foreigners Act and the Official Secrets Act.

The allegations stem from claims that Gandhi had declared himself a British national in documents linked to a UK-based company incorporated in 2003. On this basis, the petitioner has argued that a detailed criminal investigation is warranted.

In earlier hearings, the high court had indicated that the allegations merited examination and that the matter could be investigated either by the state police or a central agency. Court had also taken on record certain documents and materials relied upon by the petitioner.

Case Title: S. Vignesh Shishir vs. Sri Rahul Gandhi And 3 Others

Order Date: April 17, 2026

Bench: Justice Subhash Vidyarthi