Prayagraj: In a significant development, a bench of the Allahabad High Court on Monday recused itself from hearing a petition seeking registration of an FIR against Congress leader Rahul Gandhi. The matter will now be placed before another bench, following appropriate orders from the Chief Justice.
The recusal comes just two days after the same bench had withheld the operation of a judgment it had earlier dictated in open court on April 17, which directed that an FIR be lodged against Gandhi. A detailed order in the matter is still awaited.
In an order uploaded on April 18, the court had effectively put its earlier direction on hold before it could be formally typed and signed. The bench observed that Gandhi may be entitled to an opportunity to be heard before any coercive action is taken. Accordingly, it had scheduled the matter for further hearing on April 20 to consider whether notice should be issued to him.
However, before arguments could be advanced by either side, the bench chose to recuse itself from the case, necessitating reassignment to a different bench.
The controversy stems from a petition filed by a Karnataka-based BJP worker, S. Vignesh Shishir, who approached the High Court after an Additional Chief Judicial Magistrate (ACJM) court in Lucknow dismissed his plea in January this year. The petitioner had sought registration of an FIR against Gandhi under multiple legal provisions, including the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Passport Act, and the Foreigners Act.
Shishir has alleged that Gandhi holds British citizenship and had incorporated a company, M/s Backops Ltd., in the United Kingdom in August 2003. According to the petitioner, Gandhi had declared his nationality as British in official documents, including those linked to the company, and provided a Director Identification Number along with addresses in London and Hampshire.
The High Court, while initially inclined to direct registration of an FIR, paused its own order to consider whether Gandhi should first be granted a hearing. With the bench now stepping aside, the legal proceedings are set to resume before a newly constituted bench, which will determine the future course of action in the case.
