Read Time: 04 minutes

Synopsis

The Delhi High Court, on Friday, directed the Ministry of Home Affairs to submit their reply in a petition filed by Bharatiya Janata Party (BJP) leader Subramanian Swamy seeking a probe into the citizenship status of Rahul Gandhi. 

The bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela sought clarification regarding a similar plea pending before the Allahabad High Court by BJP Karnataka member S. Vignesh. 

The court was also informed that the counsel representing the Union was recently elevated as Senior Advocate and therefore, a new counsel has to be appointed in the case. 

Swamy, represented by Advocate Satya Sabharwal, informed the court that all relevant documents were delivered to necessary parties and prayed the court to issue notice to the Union. Advocate Sabharwal informed the court that despite multiple representations to the Ministry as well as appearances in the plea, the Ministry has not undertaken any steps. 

Advocate Sabharwal also informed the court that Swamy approached the British Government and received clarification on the citizenship status. 

Previously, Chief Justice Manmohan had allowed Vignesh Shishir to file an affidavit in this plea. The government’s advocate contended that this plea leads to overlapping adjudication on similar issues one in the Delhi High Court and another in Allahabad High Court. 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.

Case Title: Subramanian Swamy v Union of India and Ors. (W.P. (C)11481/2024)