The Union Government submitted in the Delhi High Court on Wednesday that the situation regarding Congress leader Rahul Gandhi is currently pending review by the Ministry of Home Affairs (MHA).
Additional Solicitor General (ASG) Chetan Sharma communicated this to a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela during hearings related to a petition submitted by BJP leader Subramanian Swamy.
Swamy has requested the Union Government to present a status report concerning his complaint against Gandhi. ASG Sharma indicated that a related matter in the Allahabad High Court had led to an order on March 24, granting the MHA four weeks to report back to the court, with the next hearing scheduled for April 21. The Centre previously stated to the Allahabad High Court that a request to revoke Gandhi’s citizenship is currently under review.
In the light of these developments, the Delhi High Court has postponed its hearings on the matter, with the case to be revisited after the upcoming session in the Allahabad High Court. Chief Justice Upadhyaya said the bench should wait for guidance from the Allahabad High Court, noting, “There is already an order of Allahabad High Court giving them time till April 21 to inform of the outcome.”
Swamy said he was frustrated over the delays, citing that since 2019, the issue had been raised initially by him but had since been “recycled” by others who submitted multiple petitions, aiming to stall progress. He lamented that his efforts were being overshadowed by others’ actions.
The bench replied that it was bound to respect the ruling of the Allahabad High Court and that any additional directives would contradict judicial discipline. The court acknowledged a letter from the MHA dated March 12, confirming that the subject of Swamy’s plea is under consideration.
The next hearing for the case is scheduled for May 28.
On April 20, 2019, the Central government issued a notice to Gandhi regarding complaints about his citizenship. The Supreme Court had dismissed a petition in May that year that had sought barring Rahul Gandhi from contesting the 2019 Lok Sabha elections over these dual citizenship claims.
Swamy had written to the Centre in August 2019 that Gandhi had told the British government that he was a British national, which would violate Article 9 of the Constitution and the Indian Citizenship Act, 1955.
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