Bharatiya Janata Party (BJP) leader Subramanian Swamy has approached the Delhi High Court, seeking directions to the Ministry of Home Affairs (MHA) to decide on his representation to revoke the Indian citizenship of Congress leader and Lok Sabha Leader of Opposition, Rahul Gandhi.

The Writ Petition filed through Advocate Satya Sabharwal stems from allegations made by Swamy in 2019. Swamy had filed a complaint before the Home Ministry against Rahul Gandhi on August 6, 2019. Swamy contends that Gandhi was the director and secretary of a company named Backops Limited, registered in the United Kingdom in 2003.

According to the BJP leader, in the company’s annual returns filed on October 10, 2005, and October 31, 2006, Gandhi declared his nationality as British. Furthermore, in the company's dissolution application dated February 17, 2009, Gandhi’s nationality was again listed as British.

Swamy argues that these declarations violate Article 9 of the Indian Constitution and the Indian Citizenship Act, 1955. Following Swamy’s allegations, the MHA wrote to Gandhi on April 29, 2019, requesting him to clarify the "factual position" within a fortnight.

"That on 06.08.2019, the Petitioner had written a letter to Respondent No.1 on violations made by Respondent No. 2 in voluntarily disclosing to the British Government that he is a citizen of British Nationality amounting to holding a British passport. Further, Respondent No. 2 being an Indian Citizen thus in violation of Article 9 of the Constitution read with the Indian Citizenship Act, 1955. Thereafter, Respondent No. 2 would lose / cease to be an Indian Citizen," the Petition reads.

However, Swamy asserts that, despite the passage of more than five years since his initial letter, the MHA has not yet provided any clarity on its decision. Swamy’s petition now seeks judicial intervention to expedite the MHA’s response.

Swamy has prayed for the following:

a. That the Petitioner is seeking issuance of Writ of Mandamus, or any other appropriate Writs, orders or direction to Respondent No. 1 to furnish a status report on the complaint/representation filed by the Petitioner against Respondent No.2.

b. That the Petitioner is seeking issuance of Writ of Mandamus, or any other appropriate Writs, orders or direction to Respondent No. 1 to decide the complaint/representation filed by the Petitioner at the earliest.

c. That the Petitioner is seeking issuance of Writ of Mandamus, or any other appropriate Writs, orders or direction to Respondent No. I to furnish the conclusion / final order of the complaint/representation filed by the Petitioner.

Cause Title: Dr. Subramanian Swamy v. Union of India & Ors.

Delhi High CourtSubramanian SwamyRahul GandhiCitizenship

Sukriti Mishra