LUCKNOW — In a dramatic turn for one of the country’s most high-profile legal battles, Justice Subhash Vidyarthi of the Allahabad High Court has recused himself from hearing a criminal petition against Congress leader Rahul Gandhi. The case involves allegations that the Leader of the Opposition holds dual citizenship with the United Kingdom.
Justice Vidyarthi announced his decision on Monday, citing social media activity by the petitioner that questioned the integrity of the court. “Messages by the petitioner on social media indicate that he is casting aspersions against this court… that the petitioner has lost faith,” the judge stated, adding that it would be inappropriate to continue presiding over the matter.
The Conflict Over the FIR
The recusal stems from a procedural friction that began last Friday. Initially, the judge observed that prima facie cognizable offenses appeared to be made out, suggesting the Uttar Pradesh government could assign a probe to a central agency.
However, upon reviewing a full court verdict, the bench realized that legal protocol mandates issuing a notice to the accused before such orders are signed. When the judge paused to examine this legal position, the petitioner allegedly took to social media to blame the court for not uploading the initial order, leading to the judge’s decision to stand down.
Background of the Allegations
The petition, filed by Karnataka-based BJP worker S Vignesh Shishir, centers on the following claims:
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Company Incorporation: Allegations that Rahul Gandhi incorporated a firm called Backops Ltd. in the UK in 2003.
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Nationality Claims: The petitioner alleges that in annual returns filed in 2005 and 2006, Gandhi’s nationality was listed as British.
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Legal Provisions: The plea seeks a FIR under the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Foreigners Act, and the Passport Act.
The case, which originated in a special MP/MLA court in Rae Bareli before being transferred to Lucknow, now awaits a new bench. This development adds a fresh layer of complexity to the long-standing controversy surrounding the Congress leader’s eligibility and status as an Indian citizen.
