LUCKNOW: In a significant development, the Lucknow Bench of the Allahabad High Court has withheld its final order on a BJP worker’s petition seeking the registration of an FIR against Leader of Opposition in the Lok Sabha, Rahul Gandhi, in connection with an alleged dual citizenship issue, claiming that he holds British citizenship as well.
The bench, comprising Justice Subhash Vidyarthi, effectively deferred the operation of the judgment that had already been dictated in open court on Friday, directing that an FIR be lodged against Gandhi. The bench halted this order before it could be typed and signed.
It may be noted that in its April 17 order, uploaded on Saturday, the court observed that an order on the petition could not be passed unless the prospective accused was given an opportunity to be heard.
As per the two-page order, the bench decided to withhold the verdict after coming across a 2014 Full Bench judgment of the Allahabad High Court in the case of Jagannath Verma and others vs State of UP and others.
In this case, it held that a Magistrate’s order rejecting an application under Section 156(3) CrPC for the registration of a case and for investigation was not an interlocutory order and was amenable to the remedy of a criminal revision under Section 397 CrPC.
Relying on this, Justice Vidyarthi noted that in such revision proceedings, the prospective accused or the person suspected of having committed the crime was entitled to an opportunity of being heard before a final decision was taken.
Therefore, noting that the application should not be decided without issuing notice to Rahul Gandhi, the court posted the matter for the next hearing on April 20.
It may be recalled that the Lucknow Bench of the Allahabad High Court had pronounced the operative part of its order in open court, directing the lodging of an FIR against Gandhi on a petition moved by a Karnataka BJP worker, S Vignesh Shishir.
Shishir had moved the High Court challenging the order of an ACJM court in Lucknow, rejecting his petition seeking an FIR against Gandhi under various provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Passport Act and the Foreigners Act. The ACJM court had rejected the petition in January this year.
Before the High Court, 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.
