The Lucknow bench of the Allahabad High Court on Saturday stayed its earlier direction to register an FIR against Congress leader Rahul Gandhi in a case alleging dual citizenship. The court said a final decision on the petition cannot be taken without first giving Gandhi an opportunity to be heard. The stay pauses the effect of Friday’s oral order, which had directed police to register a case, and ensures that no FIR will be lodged until further hearings, reported ANI.
The case stems from a petition filed by Vignesh Shishir, who alleged that Gandhi holds British citizenship in violation of Indian law. The plea was moved after a special MP-MLA court in Lucknow declined to take cognisance of the complaint in January 2026.
According to the petition, offences may have been committed under provisions of the Bharatiya Nagarik Suraksha Sanhita, the Passport Act and the Foreigners Act, among others. The petitioner also alleged that Gandhi provided information to enemy countries and obtained a fake passport.
Additional Government Advocate Vinay Kumar Shahi said the high court had initially directed registration of an FIR, observing that the allegations disclosed “prima facie cognizable offences” warranting investigation. However, Justice Subhash Vidyarthi did not issue a final signed order on Saturday and instead stayed the earlier direction.
Petitioner Shishir described the initial order as significant and reiterated his claims. "The Allahabad High Court at Lucknow Bench has given a very landmark judgment and order directing the registration of FIR against Rahul Gandhi, Member of Parliament, Lok Sabha from Raebareli constituency as well as Leader of the Opposition, Lok Sabha, with regard to his British nationality case. The High Court has prima facie found that Rahul Gandhi is possessing British nationality and it is illegal as per the Constitution of India, as per the Citizenship Act and the Foreigners Act for any foreign citizen to possess Indian nationality," he said, as quoted by ANI.
He added that the court had also taken note of Gandhi’s electoral history. "As well as at the same time, he has contested elections several times as MP from Raebareli, from Wayanad as well as from Amethi, which is a criminal offence, and the High Court has directed registration of FIR under various sections of Bharatiya Nyaya Sanhita as well as the Passport Act," he said.
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