Subramanian Swamy plea on Rahul Gandhi citizenship will be treated as PIL: Delhi High Court

The Delhi High Court on Tuesday said that the plea filed by former Union Minister Subramanian Swamy seeking directions to Ministry of Home Affairs (MHA) to decide his plea to revoke Indian citizenship of Congress leader Rahul Gandhi will be treated as a public interest litigation (PIL)..Justice Sanjeev Narula sent the matter to the roster bench dealing with PILs observing that Swamy had failed to demonstrate any “enforceable constitutional rights” for issuance of writ directions to the MHA. However, the Court noted Swamy’s stand that public interest is involved in the matter and, therefore, said that the matter will be listed as a PIL before the roster bench dealing with PILs. A Division Bench headed by Acting Chief Justice Manmohan is seized of the PIL roster. "We have not commented anything on merits," Justice Narula clarified..Swamy has approached the High Court seeking directions to the Ministry of Home Affairs (MHA) to decide his representation to cancel the Indian citizenship of Lok Sabha Leader of Opposition (LoP) Rahul Gandhi.Swamy had written to the MHA in 2019 alleging that a company named Backops Limited was registered in the United Kingdom in the year 2003, and that Gandhi was one of its Directors and Secretary. The BJP leader said that in the company's annual returns filed on October 10, 2005 and October 31, 2006, Gandhi declared his nationality as British. It was further stated that 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 Indian Citizenship Act, 1955. The MHA wrote to Gandhi on April 29, 2019 asking him to "intimate the factual position" in this regard withing a fortnight. However, Swamy 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. .Swamy argued his case in person. He was assisted by Advocate Satya Sabharwal. Additional Solicitor General (ASG) Chetan Sharma appeared for the Union of India.