New Delhi:
Allahabad High Court judge Justice Subhash Vidyarthi on Monday recused himself from hearing criminal proceedings against Congress leader Rahul Gandhi, who has been accused of holding dual citizenship – India and the United Kingdom – in violation of Indian laws.
According to legal news website Bar and Bench, Justice Vidyarthi referred to social media posts by the petitioner as having persuaded him to stand down. The posts remarked on the judge’s decision last week to delay the filing of a FIR, or first information report, against Gandhi.
In his recusal statement the judge said: “Messages by petitioner on social media indicate that he is casting aspersions against this court… that petitioner has lost faith in this court. In these circumstances… this court does not deem it appropriate to hear this matter any further.”
The judge said the petitioner, instead of “admitting the mistake in placing the correct position before the court” had “blamed the court for not uploading the order dictated in open court”.
The petitioner in this case is a Karnataka-based BJP worker, S Vignesh Shishir.
On Friday the judge observed that prima facie cognisable offences appeared to be made out against Gandhi and allowed the Uttar Pradesh government to assign the probe to central agency. Later, however, he said he would first examine the legal position on issuance of notice.
This was after the bench, before signing its dictated order, came across a full court verdict mandating that notice had to be issued to the proposed accused in such matters.
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In his petition, Shishir alleged Rahul Gandhi is a British citizen. He claimed the Congress leader incorporated a company – Backops Ltd. – in August 2003, and, in annual returns filed in 2005 and 2006, listed his nationality as such. The firm was dissolved in February 2009.
The petitioner sought registration of a case against Gandhi under provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Foreigners Act, and the Passport Act.
The complaint was initially filed before a special MP/MLA court in Rae Bareli in Uttar Pradesh, and was later transferred to Lucknow on the petitioner’s request.
Frequently Asked Questions
He recused due to social media posts by the petitioner casting aspersions on the court and indicating loss of faith.
The petition was filed by Karnataka-based BJP worker S Vignesh Shishir.
He is accused of holding dual citizenship of India and the United Kingdom, violating Indian laws.
The petitioner sought registration of a case under Bharatiya Nyaya Sanhita, Official Secrets Act, Foreigners Act, and Passport Act.
The complaint was initially filed before a special MP/MLA court in Rae Bareli, Uttar Pradesh.
