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Subramanian Swamy had filed a writ petition before the court alleging that Rahul Gandhi was a British citizen and sought directions from the Ministry of Home Affairs (MHA) to decide on his representation to cancel Gandhi’s Indian citizenship.
The bench of Chief Justice Manmohan and Justice Tushar Rao Gedela, on November 6, allowed Vignesh Shishir to file an affidavit in the plea filed by Subramanian Swamy. Swamy appeared in person, delivering a detailed account of his submissions before the court. He highlighted a series of letters he had sent to the MHA, urging them to address his complaint.
In response, the court probed him on the dates of these letters, to which he confirmed that his correspondence began in 2019. The court then inquired about similar proceedings pending in the Allahabad High Court, noting that another petitioner (Vignesh Shishir) had filed a case challenging Gandhi's citizenship.
The government’s advocate informed the court of the overlapping nature of the petitions in the Delhi and Allahabad High Courts. The court expressed concern over this duplication, stating that the prayers in the Allahabad petition were broad and encompassed similar issues.
Swamy, however, argued that his plea was distinct and unrelated to the one pending in Allahabad, asserting that his primary focus was on obtaining a response from the MHA regarding the status of his complaint, rather than pursuing criminal or civil actions against Gandhi.
The court then asked to review the prayer clause of the Allahabad petition. After examining it, the court observed that the prayers covered the same grounds as Swamy’s petition, raising questions about the necessity of two concurrent cases on the same matter. The Allahabad High Court petitioner’s representative confirmed that their case had reached an advanced stage, with the MHA having already been served notice and directed to investigate the issue.
In light of these developments, the Delhi High Court expressed its reluctance to entertain parallel proceedings on a matter already under scrutiny in Allahabad. The bench directed Shishir to submit an affidavit to clarify any potential overlap.
Swamy reiterated his position, asserting that his petition solely seeks an answer from the MHA on the citizenship status of Rahul Gandhi, whom he alleged could not be a dual citizen of India and the United Kingdom.
The court acknowledged Swamy's stance but remained cautious, underscoring the importance of procedural clarity to prevent jurisdictional conflicts. The court permitted Vignesh Shishir to submit an affidavit within two weeks and listed the matter for December 6, 2024.
For Petitioner: Advocate Satya SabharwalCase Title: Subramaniam Swamy v Union of India and Ors. (W.P. (C)11481/2024)
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