Did Rahul Gandhi Declare British Nationality? Allahabad High Court Seeks 2019 MHA Notice Record

The Allahabad High Court on March 9 directed the Government of India to produce records relating to a 2019 notice issued by the Ministry of Home Affairs to Rahul Gandhi in a plea seeking registration of an FIR against him over allegations concerning his alleged British nationality.

Justice Rajeev Singh passed the direction while hearing an application filed by S. Vignesh Shishir under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (corresponding to Section 482 of the Code of Criminal Procedure), challenging a January 28, 2026 order of an Additional Chief Judicial Magistrate court in Lucknow that had refused to direct the registration of an FIR against Gandhi.

The high court listed the matter for further hearing on March 19, 2026 at 2:30 PM and directed the special counsel appearing for the Union government to ensure that the complete record relating to the notice dated April 29, 2019 issued by the Ministry of Home Affairs is produced before the court.

The application before the high court challenges the order passed by the Additional Chief Judicial Magistrate III, Lucknow, in Criminal Miscellaneous Case No. 31 of 2026, which had dismissed Shishir’s plea filed under Sections 173(4) read with 175(3) of the BNSS [corresponding to Sections 154(3) and 156(3) of the Code of Criminal Procedure, respectively] seeking directions to the police to register an FIR against Gandhi.

Appearing in person before the high court, the applicant alleged that Gandhi is a citizen of the United Kingdom and had incorporated a company named Backops Ltd. in the UK bearing company number 4874597. According to the applicant, the company was registered on August 21, 2003.

The plea further claims that Gandhi had declared his nationality as British while serving as a director of the said company, allegedly mentioning addresses in London and Winchester in filings made before the Companies House in the United Kingdom. The applicant contends that the company’s annual returns submitted on October 10, 2005 and October 31, 2006 reflected Gandhi’s nationality as British.

It is also alleged that the company was later dissolved after an application for dissolution was moved on February 17, 2009.

Shishir further claimed that while contesting the 2004 Lok Sabha elections, Gandhi had filed an affidavit along with his nomination papers declaring ownership of Backops Ltd. and also mentioning a foreign bank account in Barclays Bank in London.

The applicant also referred to a complaint earlier filed by politician Subramanian Swamy, following which the Ministry of Home Affairs had issued a notice to Gandhi on April 29, 2019 through the Director (Citizenship), Foreigners Division. According to the plea, the notice sought clarification regarding the allegations relating to Gandhi’s nationality.

Based on these allegations, the applicant sought directions from the high court to set aside the magistrate court’s order and to direct the police at Kotwali police station in Rae Bareli to register an FIR against Gandhi.

The plea seeks criminal proceedings under multiple provisions of the Bharatiya Nyaya Sanhita, including Sections 318, 335, 340, 236, 237, 61, 148, 147, 152, 238 and 241 (corresponding to Sections 415/420, 468, 471, 199, 200, 120B, 148, 147, 124A, 203 and 201 of the IPC, respectively). It also invokes provisions of the Official Secrets Act, the Passport Act, and the Foreigners Act.During the hearing, the court heard the applicant appearing in person, along with Dr. V.K. Singh, the Government Advocate, and Raj Kumar Singh, special counsel appearing for the Union government.

After hearing the parties, the high court directed that the case be listed on March 19, 2026 and asked the special counsel for the Government of India to ensure production of the complete record relating to the Ministry of Home Affairs notice dated April 29, 2019 issued by the Director (Citizenship), which has been annexed with the petition.

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

Order Date: March 9, 2026

Bench: Rajeev Singh