Allahabad High Court Judge Recuses in Rahul Gandhi Citizenship Case Row

A judge of the Allahabad High Court on Monday recused himself from hearing a petition raising questions over the citizenship of Congress MP Rahul Gandhi, after the petitioner publicly alleged “foul play” and “deep state conspiracy” in the judicial process following an earlier hearing.

The case, filed by Karnataka BJP member S Vignesh Shishir, seeks action linked to allegations surrounding Gandhi’s citizenship status, an issue that has surfaced intermittently in political discourse over the past several years. The petition challenges a January 28 order of a special MP/MLA court in Lucknow refusing to direct registration of an FIR against Gandhi.

Shishir has alleged that Gandhi holds British citizenship and is therefore ineligible to contest elections or continue as a Member of Parliament. He has sought 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 against Gnadhi stem from claims that he had declared himself a British national in documents linked to a UK-based company incorporated in 2003. On this basis, Shishir has argued that a detailed criminal investigation is warranted.

During hearings on April 17, Justice Subhash Vidyarthi had dictated an order directing registration of an FIR against Gandhi in open court. However, before the order could be signed, the court revisited the legal position on whether notice ought to be issued to the proposed accused, in this case, Gandhi, in proceedings challenging the rejection of such an application.

Referring to a Full Bench judgment of the high court in Jagannath Verma v State of UP (2014), which held that a prospective accused is entitled to be heard in certain revision proceedings, the court indicated that the issue required reconsideration and listed the matter for further hearing.

What followed was a series of social media posts by the petitioner alleging that the delay in uploading the dictated order was the result of a “massive backroom exercise” involving political actors and “deep state elements”. He also called upon the public to approach the Chief Justice of India and suggested that the developments had implications for “national security”.

Taking note of these statements, court said the petitioner had cast aspersions on the institution and created an “unpleasant situation”.

“When the petitioner has publicly cast aspersions on the court… this court does not deem it appropriate to hear this matter any further,” the order recorded.

The judge proceeded to recuse himself from the case.

Court also made strong observations on the conduct of the petitioner, who appeared in person, as well as the assistance rendered by lawyers in the matter.

Court noted that it had been misled on the legal position regarding the requirement of issuing notice to the proposed accused.

It recorded that not only the petitioner but also counsel appearing in the case, including the Deputy Solicitor General of India, had taken a view contrary to settled law.

Court emphasised that lawyers, as officers of the court, are duty-bound to present the correct legal position and assist the court fairly, warning that failure to do so can undermine the justice delivery system.

Court further noted that although it had dictated an order in open court, it had itself identified the correct legal position before signing it and decided to revisit the issue to avoid passing an erroneous order. Instead of acknowledging this, the petitioner chose to attribute motives to the court, justice Vidyarthi observed.

The matter will now be placed before the Chief Justice of the Allahabad High Court for assignment to another bench.

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

Order Date: April 20, 2026

Bench: Justice Subhash Vidyarthi