The Delhi High Court on Wednesday deferred the hearing in the case filed by Bharatiya Janata Party (BJP) leader Subramanian Swamy regarding the claim that Congress leader Rahul Gandhi is a British citizen..This was in light of the fact that a similar case is pending before the Allahabad High Court in which the Ministry of Home Affairs (MHA) has been asked to take a decision by April 21.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela noted the same and also said the Ministry should have apprised the Court of the action taken, since the pendency of similar matter before Allahabad High Court could lead to divergent orders.Additional Solicitor General (ASG) Chetan Sharma, appearing for the Central government, said that the Allahabad High Court had on March 24 ordered MHA to decide the representation filed by the petitioner before the High Court, one Vignesh Shishir."It has been posted for hearing before High Court on April 21," the ASG pointed out.In light of the same, the Delhi High Court proceeded to adjourn case and posted it for consideration on May 28. This was despite objections by petitioner Subramanian Swamy who claimed that the government was resorting to delay tactics."This is delaying tactic. My petition has been there since 2019. The minister had given a show cause notice to which Gandhi has not replied. At least, a direction can be passed to file his affidavit. When I had filed this matter, there was no other matter (in any other High Court). It is unfair that after doing all this work, they have recycled the same matter," Swamy said.The Court nevertheless said that the issue is under the consideration of the MHA and the hearing can wait till a decision is taken by the government."ASG has been informed by Ministry about the Allahabad High Court order. It is for the Ministry to make this decision. We cannot pass any direction. We are only taking notice of the Allahabad High Court decision which has been passed by a division bench," the Delhi High Court remarked while adjourning the case.The Court also rejected the plea by the petitioner before Allahabad High Court, Vignesh Shishir to implead himself in the case before the Delhi High Court..Background.Swamy's plea before the High Court has alleged that Gandhi is a British national.He has sought directions to the Ministry of Home Affairs (MHA) to decide his representation to cancel the Indian citizenship of Gandhi.Swamy had written to the MHA in 2019 alleging that a company named Backops Limited was registered in the United Kingdom (UK) in the year 2003, and that Gandhi was one of its Directors and Secretary. The BJP leader said that in the company's annual returns filed on October 10, 2005 and October 31, 2006, Gandhi declared his nationality as British. It was further stated that in the company's dissolution application dated February 17, 2009, Gandhi's nationality had again been mentioned as British. According to Swamy's petition, this violates Article 9 of the Constitution of India and Indian Citizenship Act, 1955. The MHA wrote to Gandhi on April 29, 2019 asking him to "intimate the factual position" in this regard withing a fortnight. However, as per Swamy, despite more than five years having passed after his letter, there is still no clarity from the MHA as to what decision has been taken on it. .The High Court had earlier deferred the hearing in the matter after it was brought to the notice of the Bench that a similar plea is pending before the Allahabad High Court.In that petitioner, S Vignesh Shishir has sought a Central Bureau of Investigation (CBI) probe into Rahul Gandhi's citizenship.He had alleged that there was evidence to indicate that Gandhi holds British citizenship.In November 2024, the Allahabad High Court asked the Union Home Ministry to take a decision on the representation filed by Shishir.This direction was reiterated on March 24 with the matter slated to be taken up on April 21. .[Read Live Coverage]
