Allahabad HC judge recuses from Rahul Gandhi's dual citizenship case

Lucknow: In a significant development, Allahabad High Court (Lucknow bench) Judge Justice Subhash Vidyarthi, who was hearing Congress leader Rahul Gandhi’s dual citizenship matter, on Monday recused himself from the case.

He cited attacks on him by Karnataka BJP worker Vignesh Shishir, the complainant, after the former stayed his own order directing for FIR against Rahul, on Saturday stating that the matter should not be decided without hearing the other party.

Justice Vidyarthi took strong objection to the comments by Vignesh on social media following his decision to stay his order and orally observed that the remarks amounted to ‘unfair treatment’ toward him and that they were not acceptable.

While referring the matter to the Allahabad HC Chief Justice to constitute a new bench to hear the matter, Justice Vidyarthi said that the complainant had used him to gain ‘political mileage’.

Vignesh, apparently upset over the order, said on social media that he would complain against the judge to the CJ. Vignesh also made some objectionable remarks on Justice Vidyarthi.

Justice Vidyarthi, a day after directing registration of an FIR against Rahul while allowing a petition filed by Vignesh challenging the order of the special MP/MLA Court which had, in January this year, rejected his petition seeking revocation of Rahul’s Indian citizenship and registration of an FIR against the Congress leader, who he claimed was also a British citizen, in the dual citizenship matter, had stayed his own order stating that notice should be given to the other party before passing any order. The court had fixed April 20 for further hearing of the matter.

Earlier in January this year, a special MP/MLA court had rejected a petition seeking revocation of Congress leader’s Indian citizenship and registration of FIR against him.

The lower court had said that it did not have jurisdiction in the matter and also added that the petition was a misuse of the judicial process.

The petitioner Shishir Vignesh had contended that Rahul was a British citizen. He claimed that he was in possession of documents which supported his contention.

The petitioner had also sought registration of an FIR against Rahul under various sections of the IPC and the Official Secrets Act 1923 as well as revocation of his Indian citizenship.