Allahabad High Court Judge Withdraws from Hearing Against LOP Rahul Gandhi

Justice Subhash Vidyarthi of the Allahabad High Court on Monday stepped aside from hearing a case involving Congress leader Rahul Gandhi, who faces allegations of holding dual citizenship in India and the United Kingdom, which would violate Indian law.

As reported by Bar and Bench, the judge cited certain social media posts by the petitioner as a reason for his decision. These posts had raised questions about the court’s earlier move to delay the filing of an FIR against Gandhi.

In his recusal order, Justice Vidyarthi noted that the petitioner’s remarks suggested a lack of trust in the court. He observed that under such circumstances, it would not be appropriate for him to continue hearing the matter. The judge also pointed out that instead of acknowledging an error in presenting facts before the court, the petitioner had criticised the court for not uploading an order that had already been dictated in open proceedings.

Last week, the judge had initially remarked that, at first glance, the allegations against Gandhi appeared to involve cognisable offences. He had permitted the Uttar Pradesh government to consider handing over the investigation to a central agency. However, he later indicated that he would first review the legal requirements around issuing notice to the accused.

This reconsideration came after the bench, before finalising its order, came across a full court ruling stating that notice must be issued to the proposed accused in such cases.

The case stems from a petition filed by Shishir, who has alleged that Rahul Gandhi is a British citizen. According to the petition, Gandhi had incorporated a company named Backops Ltd. in August 2003 and, in filings made in 2005 and 2006, listed his nationality as British. The company was later dissolved in February 2009.

The petitioner has sought the registration of a case against Gandhi under provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Foreigners Act, and the Passport Act.