Rahul Gandhi citizenship case: Hearing Subramanian Swamy’s plea will lead to ‘parallel proceedings in multiple cities’, BJP worker tells Delhi HC
Hearing former BJP MP Subramanian Swamy’s plea on Rahul Gandhi’s citizenship, the Delhi High Court had expressed concern that adjudicating the matter may lead to ‘two parallel proceedings’.
A BJP worker submitted before the Delhi High Court on Wednesday that its hearing of former BJP MP Subramanian Swamy’s plea on Congress leader Rahul Gandhi’s citizenship would lead to “parallel proceedings in multiple cities” over the same issue. The BJP worker’s plea on the same matter is being heard in the Allahabad High Court.
A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing Swamy’s plea seeking directions to the Ministry of Home Affairs to file a status report on his complaints against Gandhi’s citizenship when it expressed concern that adjudicating the matter may lead to “two parallel proceedings” over the same issue.
While Swamy contended before the bench that the proceedings before the Allahabad High Court had “nothing to do” with his own petition, the BJP worker, Vignesh Shishir, disagreed. Shishir has filed a plea in the Allahabad High Court seeking a Central Bureau of Investigation probe into Gandhi’s alleged British citizenship.
Appearing virtually before the bench on Wednesday, Shishir informed the court, “I am the petitioner in the Allahabad HC case…the matter had come up for hearing on October 24. MHA has received instructions with regard to my representation and subsequently I have appeared before CBI and tendered my very confidential evidence and investigation is pending. Since proceedings are in an advanced stage at Allahabad HC, this (petition before Delhi HC) is leading to multiple litigation in multiple cities…I have also filed my objections before Delhi HC as well…”
However, the bench noted that the Delhi High Court had not received any papers and granted him two weeks to file an affidavit as well as an application to join as a party to the litigation. “There cannot be two parallel petitions or proceedings on the same matter,” Chief Justice Manmohan reiterated orally.
Swamy emphasised that “it is not parallel”. “I wrote in 2019..this is a parasitical approach that they come after I approach high court…they are asking for all kinds of criminal proceedings, I am not asking for that…don’t be parasitical and say it is similar. I am simply saying you cannot be citizens of two countries,” Swamy argued.
On August 6, 2019, Swamy had written to the MHA, saying Gandhi cannot hold both British and Indian citizenship. The MHA had issued notice to Gandhi on the said complaint. However, according to Swamy, despite repeated representations to the MHA for an update and status, no action has been taken. Swamy then approached the Delhi High Court seeking its direction to the MHA to disclose the status of his complaints.
