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Swamy further argued that his petition had been pending since 2019 and that the then Home Minister had issued a show cause notice to Rahul Gandhi, to which no response had been received. He asserted that he had been pursuing the matter solely since 2019 and expressed frustration over the delay, especially considering the efforts he had invested in the case.
BJP leader Subramanian Swamy, on Wednesday, expressed his dissatisfaction over unnecessary delays by the ministry in resolving his representation. Subramanian Swamy had filed a petition seeking directions against the Ministry of Home Affairs for the cancellation of Congress leader Rahul Gandhi’s citizenship.
The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela scheduled the next hearing for May 28, 2025.
During the proceedings, Subramanian Swamy appeared in person before the Court, while Advocate S. Vignesh Shishir participated through video conferencing. Additional Solicitor General (ASG) Chetan Sharma represented the Ministry of Home Affairs.
ASG Sharma had informed the court regarding the decision of Allahabd High Court dated March 24, granting 4 weeks to the Ministry to decide similar representation. The court noted that the Ministry had set a deadline of April 21, 2025, for deciding on the matter and suggested waiting until then. However, Swamy contended that this constituted a delay tactic.
The court acknowledged that, pursuant to its last order, ASG Chetan Sharma had sent a letter dated March 12, 2025, to the Ministry of Home Affairs, indicating that the subject matter was under consideration. Additionally, the Court took note of an order passed by the Allahabad High Court on March 24, 2025, granting the Ministry four weeks to reach a decision, thereby confirming that the issue remained under review.
The court also rejected the impleadment application filed by S. Vignesh Shishir.
Background:
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.
For Petitioner: Advocates Satya Sabharwal, Vaidushya Parth and Smritika Kesri For State: Additional Solicitor General Chetan Sharma, Standing Counsel Amit Tiwari with Advocates Amit Gupta, Ayushi Srivastava, Ayush Tanwar and Shubham SharmaCase Title: Subramanian Swamy v Union of India and Ors. (W.P. (C)11481/2024)
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