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The PIL was filed last year by BJP Karnataka member S. Vignesh Shishir who alleged that he had obtained key information from VSS Sarma, a Canadian citizen, who had corresponded with the UK Government and received communications allegedly referring to Gandhi’s British citizenship
The Allahabad High Court on Monday, April 21, 2025, granted the Union government an additional 10 days to decide on a representation filed by BJP Karnataka member S. Vignesh with the Ministry of Home Affairs, challenging the Indian citizenship of Congress leader Rahul Gandhi over alleged links to British nationality.
A division bench comprising Justice Attau Rehman Masoodi and Justice Ajai Kumar Srivastava-I passed the order in the Public Interest Litigation (PIL), which not only questions Gandhi’s citizenship status but also seeks to invalidate his election as Member of Parliament from Rae Bareli, arguing that if Gandhi holds British citizenship, he was ineligible to contest elections under Article 84(a) of the Constitution, which bars foreign nationals from being elected as MPs.
The plea contends that if Gandhi reacquired Indian citizenship after 2003 or 2006, he ought to have declared this in his nomination papers. It further asserts that such non-disclosure would render his candidature legally untenable.
Vignesh claims to have obtained key information from VSS Sarma, a Canadian citizen, who had corresponded with the UK Government and received communications allegedly referring to Gandhi’s British citizenship.
Based on this, Vignesh has also filed a separate complaint with the Central Bureau of Investigation (CBI), requesting a formal probe into Gandhi’s alleged foreign nationality.
During an earlier hearing on March 24, the Centre had informed the court that the matter was under active consideration. On Monday, following a request by Deputy Solicitor General Surya Bhan Pandey for additional time to respond, the court adjourned the matter to May 5, 2025.
Separately, BJP leader Subramanian Swamy has also approached the Delhi High Court over the same issue. In those proceedings, Swamy’s counsel expressed frustration that the Ministry of Home Affairs had failed to respond to written queries submitted by Swamy, despite repeated follow-ups. The counsel underscored the importance of the issue and the lack of clarity from the Centre.
Notably, the Union government had also told the Delhi High Court on March 26 that Gandhi’s citizenship status was still under active examination by the Ministry of Home Affairs.
Case Title: S Vignesh Shishir v. Sri Rahul Gandhi and 13 Others
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