Subramanian Swamy moves Delhi High Court for cancellation of Rahul Gandhi’s citizenship

New Delhi, Aug 16: Bharatiya Janata Party (BJP) leader Subramanian Swamy has approached the Delhi High Court, urging the court to direct the Ministry of Home Affairs (MHA) to expedite its decision regarding his 2019 representation seeking the cancellation of Congress leader and Lok Sabha Leader of Opposition (LoP) Rahul Gandhi’s Indian citizenship, as reported by the Bar and Bench.

Swamy’s petition, filed through advocate Satya Sabharwal, is expected to be heard by the Delhi High Court next week. The crux of Swamy’s argument revolves around allegations concerning Rahul Gandhi’s association with a company named Backops Limited, which was registered in the United Kingdom in 2003. According to Swamy, Gandhi served as both a Director and Secretary of the company, raising questions about his nationality as reported in the company’s official documents.

Swamy alleges that in the Annual Returns of Backops Limited, filed on October 10, 2005, and October 31, 2006, Gandhi declared his nationality as British. Furthermore, in the company’s dissolution application dated February 17, 2009, Gandhi’s nationality was once again recorded as British. Swamy contends that these declarations are in direct violation of Article 9 of the Constitution of India and the Indian Citizenship Act, 1955, both of which prohibit dual citizenship.

The MHA, responding to these allegations, wrote to Rahul Gandhi on April 29, 2019, requesting him to “intimate the factual position” within a fortnight. However, Swamy argues that despite the passage of more than five years since his initial letter, the MHA has not provided any clarity or made a final decision on the matter. This prolonged delay, according to Swamy, necessitates judicial intervention.

The petition highlights the political sensitivity of the issue, with Swamy maintaining that Gandhi’s alleged foreign citizenship could disqualify him from holding any public office in India, including his position as a Member of Parliament. This case, if taken forward, could stir further controversy and intensify political rivalry between the BJP and Congress.

The Delhi High Court’s impending decision on whether to instruct the MHA to act on Swamy’s representation will be closely watched, as it could have significant legal and political implications