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Subramanian Swamy Moves Delhi High Court Over Rahul Gandhi’s Citizenship

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Subramanian Swamy Moves Delhi High Court Over Rahul Gandhi’s Citizenship

BJP leader Subramanian Swamy pressed ahead with his decade-long challenge of Congress leader Rahul Gandhi’s Indian citizenship by moving a petition before the Delhi High Court. The BJP leader’s legal action was to get the MHA to respond to his appeal seeking that Gandhi’s Indian citizenship be cancelled. The development marked a major escalation in the political and legal controversy over the issue of his citizenship status. The Delhi High Court is likely to consider Swamy’s petition next week. He has filed the case through advocate Satya Sabharwal and called for judicial scrutiny of the allegations leveled by Swamy against the Congress leader.

Background of the Allegations
The petition by Subramanian Swamy was based on allegations that he had levelled first for the first time way back in 2019. Swamy claimed that Rahul Gandhi had a connection with a company by the name Backops Limited, which was incorporated in the United Kingdom during 2003. According to Swamy, he was shown as a Director and Secretary in the said company. All the crucial documents pertaining to the company, such as the Annual Returns, and the application for its dissolution, mentioned the nationality of Gandhi as British.

He pointed in particular to the Annual Returns of the company filed on October 10, 2005, and October 31, 2006, in which the nationality of Gandhi was mentioned as British. Furthermore, he also claimed that in the application for dissolution of the said company dated February 17, 2009, Gandhi was also stated to be a British national. According to Swamy, those documents infringe Article 9 of the Indian Constitution and the Indian Citizenship Act of 1955.

Subramanian Swamy Moves Delhi High Court Over Rahul Gandhi's Citizenship

Legal and Constitutional Basis.
Swamy has based his petition on concerns relating to the violation of constitutional and legal norms regarding citizenship. Article 9 of the Indian Constitution clearly states that any Indian citizen who voluntarily acquires the citizenship of any other country shall cease to be a citizen of India. Swamy’s argument stretched back to the fact that if Gandhi was a British national at the time when he held the position of director in Backops Limited, that may amount to undeclared foreignership and therefore constitute grounds for cancellation of his citizenship of India under the relevant provisions of Indian law.

This position is also supported by the Indian Citizenship Act, 1955, where it has explicitly mentioned the principles and provisions of citizenship in India, including dual nationality. Swamy, in effect, through his petition, is pleading for judicial intervention to decide whether Gandhi’s association with a UK-based company is in contravention of the requirements posed by the law.

Political and Public Reactions
The timing of Swamy’s petition and the raging controversy over Rahul Gandhi’s citizenship raise a number of questions and create considerable interest. Through Swamy, the BJP had been rather strong in its attack against Gandhi, and this legal challenge is an added layer to the ongoing political dynamics. Long before this, Gandhi and his Congress party had termed Swamy’s allegations as political in nature, stating that the BJP was trying to divert attention from substantive issues.

Public and political reactions have been mixed with statements from the supporters of Gandhi to Swamy. The Congress party has outrightly condemned the petition as part of a larger campaign of sabotaging Gandhi’s credibility and political standing.

Consequences for Rahul Gandhi
These legal proceedings, if they do ensue, can make a difference in Rahul Gandhi’s life and his political career. The possibility of a court verdict on this issue will also jeopardize the position of Gandhi within the Congress party and the post of the Leader of the Opposition in the Lok Sabha. Furthermore, public perception will get influenced, and more investigation into Gandhi’s antecedents and connections will follow.

Further Steps
With the petition of Swamy to come up for review in the Delhi High Court, all eyes now turn to the judicial outcome. Its verdict could either justify or dismiss Swamy’s claim and set precedence of how such matters are to be handled in times to come.

The outcome of the present legal challenge will be closely monitored by political analysts, scholars in the field of law, and citizens at large. Most probably, it will further add fuel to an already ongoing debate with respect to citizenship, political accountability, and the interface of law and politics in India.

Essentially, the petition moved by Subramanian Swamy in the Delhi High Court on Rahul Gandhi’s status of citizenship is of immense legal and political import. The case will look at the allegations against Gandhi that can have far-reaching ramifications for Indian politics and create a benchmark for the law pertaining to citizenship.

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