hc-directs-fir-against-rahul-in-british-nationality-case

In a significant order the Allahabad High Court on Friday directed the registration of a First Information Report (FIR) against Leader of Opposition Rahul Gandhi in connection with a case alleging that he is a British national holding a UK passport. The Court has also ordered investigation in the matter while it heard the case related to a BJP Worker's petition over his alleged British Citizenship.

 

Single-judge Justice Subhash Vidhyarthi passed the order. Justice Subhash Vidyarthi thus set aside an order of a Lucknow Court refusing to order an FIR against Gandhi.  The Court found a prima facie case against Gandhi and gave liberty to the State to refer the investigation to the Central government or the Central Bureau of Investigation (CBI).

 

 

The complaint filed by S Vignesh Shishir from Karnataka sought registration of a criminal case against Gandhi under various provisions of Bhartiya Nyaya Sanhita (BNS), Official Secrets Act, Passport Act and the Foreigners Act.His claim was that Gandhi was the Director of the UK-based company Backops Ltd and in its records, he had declared his nationality as British.

 

After the police failed to register a case on the complaint, Shishir moved the trial court. The complainant had earlier also asked the Ministry of Home Affairs to cancel Gandhi's Indian citizenship on the on the alleged ground that he has already acquired the British citizenship. 

 

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. Shishir further argued that Gandhi should face charges under the Foreigners Act, the Passport Act and even the Official Secrets Act.

 

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.

In August, the High Court directed the Union government to provide personal security officer (PSO) of Central Armed Police Forces to Shishir for his round-the-clock security.