Rahul Gandhi’s Indian citizenship: Subramanian Swamy moves Delhi HC, asks ’why he should not be stripped of his...’

BJP leader Subramanian Swamy has moved the Delhi High Court to direct the Ministry of Home Affairs (MHA) to make a decision on his request to cancel the Indian citizenship of Congress leader and Lok Sabha Leader of Opposition Rahul Gandhi.

The High Court is expected to hear the plea next week. The petition was submitted by lawyer Satya Sabharwal.

In 2019, Swamy wrote to the MHA that Gandhi was one of the Directors and Secretary of Backops Limited, a UK-based company registered in 2003.

He claimed that Gandhi declared his nationality as British in the company's Annual Returns filed on October 10, 2005 and October 31, 2006. Further, in the company's dissolution application dated February 17, 2009, Gandhi's nationality had again been mentioned as British.

Swamy said that this violates Article 9 of the Constitution of India and the Indian Citizenship Act of 1955.

Later, he took to Twitter saying, “My Associate Advocate Satya Sabharwal has filed A PIL on the failure of the Home Ministry to prosecute Rahul Gandhi and show cause why he not be stripped of his Indian citizenship. Rahul Gandhi has refused to reply to HM hence the PIL. I also thank Associates Vishesh Kanoria.”

SC dismissed plea to restrain Rahul Gandhi from constesting elections

The MHA wrote to Gandhi on April 29, 2019, asking him to "intimate the factual position" in this regard within a fortnight.

However, in May 2019, the SC dissimissed the plea to restrain Gandhi from constesting General Elections due to his supposed British citizenship

However, Swamy has argued that despite more than five years having passed after his letter, there is still no clarity from the MHA as to what decision has been taken on it.

(With inputs from Bar and Bench and agencies)