Rahul Gandhi citizenship row: Delhi HC asks status of Subramanian Swamy's representation to govt

New Delhi: The Delhi High Court on Wednesday asked the Centre to apprise it of the status of BJP leader Subramanian Swamy's representation given to the Ministry of Home Affairs over Rahul Gandhi's Indian citizenship.

A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela posted the hearing on March 26.

"List on March 26 to enable the counsel for the Centre/additional solicitor general to complete their instructions especially keeping in view the document enclosed in the petition which is a letter dated April 29, 2019, issued by the foreigners division of the Ministry of Home Affairs, Government of India, to respondent number 2 (Rahul Gandhi)," the bench said.

Swamy said he wished to know the status of his representation.

His plea, filed by advocate Satya Sabharwal, argued on August 6, 2019, a letter was sent to the ministry alleging Gandhi had "voluntarily disclosed" to the British government that he was a citizen of British nationality, amounting to holding a British passport.

Swamy therefore said the Congress leader, being an Indian citizen, had violated Article 9 of the Constitution, read with the Indian Citizenship Act, and would cease to be an Indian citizen.

He claimed to have made several representations to the ministry inquiring about the status of his complaint but neither was any action taken nor was he intimated about it.

In the MHA's April 2019 letter to Gandhi, he was informed about Swamy's representation regarding his citizenship and he was reportedly asked to intimate the factual position in the matter within a fortnight of receipt of the communication.

During the Wednesday's hearing, BJP worker from Karnataka S Vignesh Shishir, who has filed a petition in the Allahabad High Court on the issue of Gandhi's citizenship, said Swamy's plea was infructuous in view of the Centre's statement in the Allahabad High Court.

He said the Centre submitted before the Allahabad High Court that they were in the final stage of taking a decision based on his representation to them.

On being asked what he wanted from the Delhi High Court, Shishir said, "I am trying to submit that this particular case here has become infructuous particularly in view of the submission of government of India before the Allahabad High Court in my petition".

The bench questioned him whether the pendency of a plea in the Allahabad High Court created a bar on it to entertain this petition.

He said he was just making "supportive" submissions.

The bench asked the Centre's counsel to get instructions on the status of Swamy's complaint given to the authorities.

"This petition seeks a prayer only to the extent of decision on the representation given by the petitioner. That is all. We are not deciding substantively the issue raised by the petitioner in either of the matters, whether pending here or in Allahabad. We are not called upon to make any decision on the substantive issue raised," it said.

The bench went on to add that based on Swamy's complaint some reply was called for by the government of India from Gandhi.

"What happened thereafter, he is anxious to know that. That's all. So seek instructions please," the court said.