Lucknow, April 19: In a significant development regarding the dual citizenship issue, Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, is set to present his case at the Allahabad High Court on Monday. This case stems from a petition filed by a BJP worker, alleging that Gandhi holds British citizenship and possesses dual nationality.
The hearing will take place before a single bench led by Justice Subhash Vidyarthi. This comes as the High Court has directed the Uttar Pradesh police to investigate a complaint lodged by Karnataka BJP worker Vignesh Shishir.
On Friday, the High Court issued an oral order allowing the police to initiate an investigation and consider filing an FIR against Rahul Gandhi if necessary.
In a subsequent order on Saturday, the court stated that any such directive should allow the potential accused an opportunity to present their case.
Previously, in 2019, a petition seeking to disqualify Rahul Gandhi from contesting the Lok Sabha elections over the alleged dual citizenship was dismissed by a bench led by then Chief Justice Ranjan Gogoi.
Justice Vidyarthi emphasized on Saturday that a decision cannot be finalized without notifying the proposed accused.
According to the order uploaded on the High Court’s website, Justice Vidyarthi noted that during the hearing, all parties acknowledged that it was not necessary to issue a notice to the accused while deciding on the application under Section 528 of the BNS Act. However, a reference to an earlier judgment (Jagannath Verma vs. Government of Uttar Pradesh) was made, which stated that an order denying the registration of an FIR is not final and can be modified. Furthermore, the potential accused has the right to a hearing.
Considering this legal context, Justice Vidyarthi stated that a decision on the application under Section 528 should not be made without notifying Rahul Gandhi, and all parties must have the opportunity to present their arguments.
This case is particularly significant as the court had previously instructed the Uttar Pradesh police to investigate the allegations against Rahul Gandhi regarding his purported dual citizenship and to consider filing an FIR. The hearing is challenging a January 28 order from a special MP/MLA court in Lucknow, which had denied the registration of an FIR.
The petitioner claims that Rahul Gandhi is a British citizen, rendering him ineligible to contest elections or remain a Member of Parliament. He has cited alleged documents and information obtained from UK agencies to support his claims.
The complaint was initially filed in a special MP/MLA court in Raebareli before being brought to the Allahabad High Court.
My name is Bhupendra Singh Chundawat. I am an experienced content writer with several years of expertise in the field. Currently, I contribute to Daily Kiran, creating engaging and informative content across a variety of categories including technology, health, travel, education, and automobiles. My goal is to deliver accurate, insightful, and captivating information through my words to help readers stay informed and empowered.
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