Rahul Gandhi Citizenship Row|Allahabad HC Orders Case Transfer After Allegations of Courtroom Intimidation in Raebareli

The Allahabad High Court has ordered the transfer of a criminal complaint filed against Congress leader Rahul Gandhi from Raebareli to Lucknow, citing serious allegations of courtroom disruption, intimidation, and the impossibility of a fair hearing at the district level.

The bench of Justice Brij Raj Singh, hearing a transfer application moved by petitioner S. Vignesh Shishir, held that the interests of justice warranted shifting the proceedings out of Raebareli, where Gandhi is the sitting Member of Parliament. Court allowed the application under Section 447 of the Bharatiya Nagrik Suraksha Sanhita, 2023, and directed that the criminal case be transferred forthwith to the MP/MLA court at Lucknow.

The case arises from a complaint filed by Shishir under Section 173(4) BNSS before the Additional Chief Judicial Magistrate-IV (MP/MLA Court), Raebareli, seeking a direction for registration of an FIR against Rahul Gandhi. The complaint invoked multiple provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Passport Act, and the Foreigners Act, based on allegations relating to Gandhi’s British citizenship and related disclosures.

According to Shishir, despite submitting a complaint to the local police station in Raebareli and escalating the matter to the Superintendent of Police and the Director General of Police, no FIR was registered. This led him to approach the magistrate’s court under Section 173(4) BNSS for judicial intervention.

The transfer plea, however, was not founded on the merits of the allegations alone. Shishir alleged that during hearings before the MP/MLA court in Raebareli, proceedings were repeatedly disrupted by large groups of local advocates. He claimed that on multiple dates, advocates entered the courtroom in large numbers, raised slogans, and insisted that the court could not function due to resolutions passed by the local bar.

The situation, according to Shishir, escalated on December 5, 2025, when he and his counsel were allegedly abused and intimidated inside the courtroom. Shishir further alleged that despite a prior order of the High Court granting him round-the-clock personal security, his Personal Security Officer was directed to leave the courtroom and was forcibly pushed out by local advocates.

Shishir also claimed that supporters of the Congress party, including individuals aligned with Rahul Gandhi, crowded the courtroom, issued threats, and created an atmosphere of fear. He alleged that the disruption was so severe that the presiding judge had to be escorted out of the courtroom for safety, and the hearing could not proceed in a normal manner.

Shishir contended that these incidents made it impossible for him to argue his case freely and fairly in Raebareli, particularly given that Gandhi is the sitting MP from the same constituency. He submitted that the repeated disruptions were aimed at preventing judicial scrutiny and that continuing the proceedings in Raebareli would defeat the ends of justice.

Opposing the transfer application, the State, through the Government Advocate, submitted that it had no substantive role to play, as the plea concerned transfer of a judicial proceeding rather than the merits of the complaint.

After considering the material placed on record, Justice Brij Raj Singh observed that Shishir had made specific allegations of obstruction and intimidation and that fairness of the proceedings was a paramount consideration. Court noted that Gandhi's status as a sitting Member of Parliament from Raebareli was a relevant factor in assessing whether a fair hearing could be ensured at the same venue.

“In all fairness,” the court held, the matter deserved to be transferred. Accordingly, the High Court directed that the criminal complaint pending before the Additional Chief Judicial Magistrate-IV (MP/MLA Court), Raebareli, be transferred to the competent MP/MLA court at Lucknow for further proceedings.

Case Title: S. Vignesh Shishir vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others

Order Date: December 17, 2025

Bench: Justice Brij Raj Singh