LUCKNOW: Justice Subhash Vidyarthi of the Lucknow bench of Allahabad High Court on Monday ‘recused’ himself from hearing an FIR against LoP Rahul Gandhi over his alleged British citizenship filed by BJP worker S Vignesh Shishir.
The recusal came as the court took strong exception to certain social media posts and media interviews by petitioner Vignesh Shishir, noting that they cast aspersions on the court and maligned its dignity after the bench proposed to issue a notice to Gandhi on his plea.
Expressing strong dissatisfaction with the controversial social media posts, Justice Vidyarthi orally remarked that he "regretted" hearing the case, saying that he had been used by Applicant Shishir for "political mileage."
Noting that Shishir was seeking public opinion through his social media posts on whether he should continue the matter before this bench and that he sought indulgence of the CJI in this matter, the court stated: "The messages posted on social media amount to casting aspersions on the court...The court is of the opinion that he has maligned the court".
Even the Government advocate and the Deputy Solicitor General of India conceded that Shishir's social media posts could not be justified.
The bench, in the same vein, expressed dissatisfaction over the assistance of the government advocates and DySGI for not placing the correct legal position on the issue of whether a notice should be issued to the prospective accused/Rahul Gandhi before passing an order.
In his defence, Shishir submitted that the posts were not intended for the court but for those pressurising him to back out of this case. He also sought to place before the bench his posts, wherein, he had lauded the bench's earlier order (only dictated, not signed) for lodging an FIR against Gandhi.
To this, Justice Vidyarthi said that the court did not need appreciation from anyone and that the petitioner could make all these submissions before the appellate court.
A detailed order in the matter is awaited.
This development came two days after the bench had withheld the operation of the judgment already dictated in open court on April 17, directing that an FIR be lodged against Rahul Gandhi.
The bench, in its order uploaded on April 18, effectively halted that order before it could be typed and signed.
In its two-page order, the Court had observed that Rahul Gandhi might be entitled to an opportunity to be heard and posted the matter for next hearing on April 20 to allow the parties to submit their arguments on this aspect [whether or not Gandhi should be issued a notice and be allowed to address the bench].
However, before the parties could make submissions, the bench decided to recuse from hearing the case and the matter would now be posted before another bench after nomination from the Chief Justice.
Notably, the Allahabad HC, on April 17, pronounced the operative part of its order in open Court, directing the lodging of an FIR against the Gandhi on a petition moved by a Karnataka BJP Worker (S Vignesh Shishir).
Shishir had moved the HC after an ACJM Court in Lucknow, in January this year, rejected his petition seeking an FIR against Gandhi under various provisions of the Bhartiya Nyaya Sanhita, the Official Secrets Act, the Passport Act and the Foreigners Act.
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.