Allahabad HC stays FIR against Rahul Gandhi in 'dual citizenship' case

The Lucknow Bench of the Allahabad High Court has withheld its order directing registration of an FIR against Leader of Opposition Rahul Gandhi in connection with allegations regarding his nationality, and posted the matter for further hearing on April 20.

A bench of Justice Subhash Vidyarthi effectively paused the operation of its own judgment, which had been dictated in open court a day earlier directing that an FIR be lodged.

Order withheld before formal issuance

The court held back the verdict before it could be formally typed and signed, noting that Gandhi may be entitled to an opportunity to be heard before any final decision is taken.

In its April 17 order, uploaded later, the bench said it reconsidered the matter after coming across a Full Bench judgment in Jagannath Verma and others vs State of U.P. (2014).

Right to be heard cited

Relying on the 2014 ruling, the court observed that proceedings arising from the rejection of an application seeking registration of a case are open to revision, and in such proceedings, the prospective accused has a right to be heard.

Justice Vidyarthi noted that although the present petition was filed under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the principle of hearing the proposed accused could still apply.

Matter posted for further hearing

The court has now listed the case for April 20 to hear arguments on whether notice should be issued to Gandhi before proceeding further.

During the hearing, the bench had posed a specific query to the petitioner and other counsel on whether issuing notice to the proposed accused was necessary.

According to the order, all counsel had argued that no such notice was required while deciding applications under the relevant provisions of the BNSS.

Background of the case

The petition was filed by a BJP worker from Karnataka, S. Vignesh Shishir, after a magistrate’s court in Lucknow earlier rejected his plea seeking registration of an FIR against Gandhi.

The petitioner has alleged that Gandhi held British nationality and cited documents related to a UK-based company, M/S Backops Ltd., purportedly linked to him.

He also sought action under provisions of the Bharatiya Nyaya Sanhita, the Passport Act, the Foreigners Act and the Official Secrets Act.

Earlier direction

The High Court had on April 17 pronounced the operative portion of its order in open court directing that an FIR be registered against Gandhi.

However, the latest development effectively halts that direction for now, pending further hearing.

The case raises questions on procedural safeguards, particularly the right of a person to be heard before adverse directions such as registration of an FIR are issued.

The court’s decision to withhold its own order indicates a cautious approach in balancing legal procedure with the rights of the proposed accused.