Bharatiya Janata Party (BJP) leader and former Rajya Sabha member, Subramanian Swamy on Friday filed a PIL in the Delhi high court seeking directions to the Ministry of Home Affairs (MHA) to cancel the Indian citizenship of senior Congress leader and Leader of Opposition in Lok Sabha, Rahul Gandhi.
In a post on X, Swamy said, “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 was not stripped of his Indian citizenship. Rahul Gandhi has refused to reply to HM, hence the PIL. I also thank Associates Vishesh Kanoria.”
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.
— Subramanian Swamy (@Swamy39) August 16, 2024
Earlier, in 2019, Swamy had written to the Ministry of Home Affairs, claiming that a firm named Backops Limited was registered in the United Kingdom in 2003 and the Congress MP was one of its directors and secretary.
According to a Bar and Bench report, Swamy has alleged that the firm’s annual returns filed on October 10, 2005, and October 31, 2006, showed that Rahul declared his nationality as British. The report further quotes Swamy saying that Backops Limited's dissolution application on February 17, 2009, had Gandhi's nationality again declared as British.
Rahul Gandhi violated Constitution: Swamy
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The BJP leader Swamy claimed that this situation violates Article 9 of the Constitution of India and the Indian Citizenship Act, 1955. Article 9 of the Constitution of India declares that no person shall be a citizen of India or be deemed to be a citizen of India if they have voluntarily acquired the citizenship of any foreign State.
According to the report, the Ministry of Home Affairs on 29 April 2019, had written to Rahul Gandhi and asked him to put forward the factual position in this regard within a fortnight. Even after five years since his letter, there is no clarity from the Home Ministry on the decision taken on Rahul Gandhi.
In May 2019, the Supreme Court dismissed a plea to restrain Gandhi from contesting the 2019 General Elections on allegations regarding his supposed British citizenship.