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Rahul Gandhi Faces Legal Challenge Over Allegations of Dual Citizenship

Rahul Gandhi is preparing to defend himself in the Allahabad High Court against allegations of holding dual citizenship, a claim made by a BJP worker. The court's decision to allow police to investigate the matter has raised significant questions about Gandhi's eligibility to serve as a Member of Parliament. This legal challenge follows a previous dismissal of a similar petition in 2019. As the case unfolds, it could have major implications for Gandhi's political future. Stay tuned for updates on this developing story.
 

Legal Proceedings Against Rahul Gandhi


Lucknow: Rahul Gandhi, the Leader of Opposition in the Lok Sabha, is set to present his case on Monday in the Allahabad High Court regarding a petition from a Bharatiya Janata Party (BJP) member. The petition claims that Gandhi is a 'British national' with dual citizenship.


This important hearing will take place before Justice Subhash Vidyarthi, following the High Court's directive for the Uttar Pradesh Police to investigate the complaint lodged by Karnataka BJP worker Vignesh Shishir.


On Friday, the High Court authorized the police to begin an inquiry and potentially file a First Information Report (FIR) against Gandhi if warranted.


However, on Saturday, the court revised its earlier order, emphasizing that the accused must have the chance to be heard before any further actions are taken.


In a previous instance in 2019, a petition aimed at disqualifying Rahul Gandhi from the Lok Sabha elections due to alleged dual citizenship was dismissed by a bench led by Chief Justice Ranjan Gogoi.


Justice Vidyarthi noted that the order could not be finalized without addressing the necessity of notifying the accused.


During the hearing, it was stated that there was no need to issue a notice to Gandhi while considering an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).


However, before the judgment could be finalized, the bench referenced a ruling in the case of Jagannath Verma vs State of Uttar Pradesh, which clarified that a decision to reject an FIR registration plea is not interlocutory and must allow the accused a chance to be heard.


Justice Vidyarthi remarked that the application under Section 528 of the BNSS should not be resolved without notifying Rahul Gandhi, urging all parties to consider this requirement.


This case is particularly significant as the single-judge bench had previously instructed the Uttar Pradesh Police to investigate the claims regarding Gandhi's dual citizenship while reviewing a January 28 ruling from a special MP/MLA court in Lucknow that had declined to order an FIR.


The petitioner asserts that Rahul Gandhi is a British citizen, making him ineligible to run for elections or serve as a Member of Parliament, citing alleged documents and communications from UK authorities.


He is seeking action under various legal provisions, including the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Foreigners Act, and the Passport Act.


Initially, the complaint was filed in a special MP/MLA court in Raebareli before being escalated to the Allahabad High Court.