Allahabad High Court Orders FIR Against LoP Rahul Gandhi On Plea Alleging British Citizenship

In a significant order, the Allahabad High Court (Lucknow Bench) today directed the lodging of a First Information Report (FIR) and investigation against the Leader of Opposition (LoP) Lok Sabha Rahul Gandhi in connection with a BJP Worker's petition over his alleged British Citizenship.

A bench of Justice Subhash Vidyarthi thus set aside an order of a Lucknow Court refusing to order an FIR against Gandhi. A detailed order of the High Court is awaited.

It may be noted that in January this year, an ACJM Court in Lucknow rejected a plea seeking an FIR against Gandhi under various provisions of the Bhartiya Nyaya Sanhita, the Official Secrets Act, the Passport Act and the Foreigners Act. Against that order, Karnataka BJP Worker Vignesh Shishir moved the HC.

Before the HC, the applicant (Shishir) submitted that Gandhi is a UK Citizen and had incorporated a company named M/S Backops Ltd., which was registered in August 2003.

It was further submitted that Gandhi categorically admitted and voluntarily declared his nationality as British, having a Director Identification ID and London and Hampshire addresses.

It was also claimed that Gandhi had submitted the Company's annual returns in October 2005 and October 2006, listing his nationality as British. Thereafter, the said Company was dissolved by filing a dissolution application in February 2009.

Furthermore, it was submitted that Gandhi contested the 2004 Lok Sabha Elections, admitting and disclosing the ownership of M/S Backops Ltd. and his foreign bank account with Barclays Bank, London Branch, UK.

Shishir further argued that Gandhi should face charges under the Foreigners Act, the Passport Act and even the Official Secrets Act.

Advocate Vindeshwari Pandey assisted applicant Shishir.

Government Advocate V.K. Singh, along with AGA-I Yogesh Kumar Singh, AGA Mayank Sinha, represented the opposite party Nos. 2, 3 and 4.

DSGI SB Pandey, along with Advocates Raj Kumar Singh and Anand Dwivedi, appeared for the Union of India