Dual Citizenship Issue Takes Center Stage as Allahabad High Court Defers Order in Rahul Gandhi Case

LUCKNOW/NEW DELHI— The Allahabad High Court has deferred its final order on a plea seeking registration of an FIR against Rahul Gandhi over allegations related to dual citizenship—an issue of particular relevance given that India does not permit its citizens to hold nationality of another country.

A single-judge bench led by Justice Subhash Vidyarthi withheld the verdict after initially dictating it in open court, noting that the matter could not be finalized without giving the prospective accused an opportunity to be heard.

The case hinges on claims that Gandhi may hold British citizenship. Under Indian law, individuals who voluntarily acquire foreign citizenship may lose their Indian citizenship, as the country does not allow dual nationality.

During earlier proceedings, parties had argued that no notice to the proposed accused was required under Section 528 of the Bharatiya Nagarik Suraksha Sanhita. However, the court revisited the issue after citing a Full Bench ruling in Jagannath Verma vs State of U.P., which held that a prospective accused is entitled to a hearing before such decisions are made.

“In view of the aforesaid legal position, it appears that the application… should not be decided without issuing notice,” the court observed, emphasizing procedural fairness.

The matter is now scheduled for further hearing on April 20.

Earlier, the bench had directed Uttar Pradesh Police to conduct a preliminary inquiry and consider whether an FIR should be registered, while hearing a challenge to a January 28 order by a special MP/MLA court in Lucknow that had declined to order an FIR.

The petitioner alleges that Gandhi’s purported foreign citizenship would render him ineligible to contest elections or continue as a Member of Parliament. The plea references documents and communications from UK authorities and seeks action under laws including the Bharatiya Nyaya Sanhita, along with the Official Secrets Act, Foreigners Act, and Passport Act.

Originally filed before a special MP/MLA court in Rae Bareli, the case has since moved to the High Court.

The proceedings have drawn attention among overseas Indians, as India’s legal framework does not recognize dual citizenship, though it offers Overseas Citizen of India (OCI) status as a limited alternative. The outcome of the case could further spotlight how citizenship rules are interpreted and enforced in politically sensitive contexts. (Source: IANS)