The Allahabad High Court has transferred a complaint alleging British citizenship against Congress leader Rahul Gandhi from a court in Raebareli to Lucknow, citing concerns over a fair hearing for the complainant.
The order was passed by Justice Brij Raj Singh on an application filed by S. Vignesh Shishir, who has sought initiation of criminal proceedings against Gandhi over claims relating to his alleged British citizenship. The complaint was earlier pending before the Additional Chief Judicial Magistrate-IV (MP/MLA Court), Raebareli.
Allowing the transfer plea, the Court took note of the complainant’s submission that he was unable to effectively present his arguments in Raebareli due to alleged obstruction and disturbances by Gandhi’s supporters, local advocates, and members of a mob. The Court also considered the fact that Gandhi is the sitting Member of Parliament from the Raebareli constituency.
Recording its reasoning, the High Court observed:
“The applicant has made allegation that the opposite party No.4 is a sitting Member of Parliament (Lok Sabha) from Raebareli constituency; therefore, in the light of the aforementioned facts, he prays that the case may be transferred to some other District. In view of the aforesaid factual aspects, I find that in all fairness the application is liable to be transferred from District Raebareli to Lucknow.”
Accordingly, the Court directed that the matter be transferred to the MP/MLA court in Lucknow.
Notably, no notice was issued to Rahul Gandhi prior to passing the transfer order. The complainant’s counsel argued that Gandhi was not yet an aggrieved party, as no FIR has been registered on the application moved under Section 173(4) of the Bharatiya Nagrik Suraksha Sanhita (BNSS).
The complaint seeks registration of a criminal case against Gandhi under multiple statutes, including the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Passport Act, and the Foreigners Act. Shishir has alleged that Gandhi was a director in the UK-based company Backops Ltd, where he allegedly declared his nationality as British.
After the police declined to register an FIR on his complaint, Shishir approached the trial court. He had earlier also moved the Ministry of Home Affairs seeking cancellation of Gandhi’s Indian citizenship on similar grounds. In August, the High Court had directed the Union government to provide Shishir with a personal security officer from the Central Armed Police Forces for his continuous protection.
Shishir appeared in person before the Court. The State was represented by Government Advocate VK Singh and advocate Rao Narendra Singh.
