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The court observed that Swamy was not seeking a resolution on the substantive issues but merely an update on the status of his representation before the Ministry of Home Affairs. Commenting on the matter, the bench stated, “he is anxious to know what happened to his representation. Please seek instructions”.
The Delhi High Court, on Wednesday, questioned the Union government over its failure to respond to Bharatiya Janata Party (BJP) leader Subramanian Swamy's representation seeking the cancellation of Rahul Gandhi’s Indian citizenship, on the grounds that he is a British Citizen.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed the Standing Counsel for the Union and Additional Solicitor General (ASG) Chetan Sharma to obtain instructions regarding the status of Swamy’s representation. The court scheduled the next hearing for March 26, 2025.
In December 2024, the court had issued a notice in Swamy’s plea. Advocate Satya Sabharwal, representing Swamy, informed the court that all relevant documents had been delivered to the necessary parties. He also prayed for the issuance of a notice to the Union, stating that despite multiple representations and appearances in the case, the Ministry had not taken any action.
According to Swamy’s petition, he had lodged a complaint in August 2019, alleging that Gandhi had violated the law by voluntarily disclosing to the British government that he held British citizenship, which implied possession of a British passport. On April 20, 2019, the Ministry had issued a notice to Gandhi titled 'Complaint regarding citizenship’. Swamy asserted that despite numerous requests for updates, the Ministry had failed to respond.
Meanwhile, another Public Interest Litigation (PIL) was filed before the Allahabad High Court by S. Vignesh Shishir, challenging Congress leader Rahul Gandhi's eligibility to serve as a Member of Parliament (MP) on the grounds of alleged foreign citizenship. However, the court had dismissed this petition.
Case Title: Subramanian Swamy v Union of India and Ors. (W.P. (C)11481/2024)
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