Lucknow/New Delhi: In a significant turn of events, the Allahabad High Court has deferred passing its final order on a plea seeking registration of an FIR against Leader of Opposition in the Lok Sabha Rahul Gandhi over allegations of dual citizenship, observing that a prospective accused must be given an opportunity of hearing before any such direction is issued.
A single-judge Bench of Justice Subhash Vidyarthi withheld the verdict after it had already been dictated in open court, noting that the judgment could not be finalised without addressing the requirement of issuing notice to the proposed accused.
In the decision uploaded on Saturday, Justice Vidyarthi recorded that during the hearing, all parties had submitted that “there is no requirement of issuance of a notice to the proposed accused” while deciding an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
However, before the judgment could be typed and signed, the single-judge Bench came across a Full Bench ruling in Jagannath Verma vs State of U.P., which held that an order rejecting a plea for registration of an FIR is not interlocutory and is amenable to revision, and that “the prospective accused… is entitled to an opportunity of being heard before a decision is taken.”
“In view of the aforesaid legal position, it appears that the application under Section 528 BNSS should not be decided without issuing notice to the opposite party no.1 (Rahul Gandhi),” Vidyarthi observed, adding that the parties need to address this aspect.
The matter has been listed for further hearing on April 20.
The development assumes significance as the single-judge Bench had earlier directed the Uttar Pradesh Police to conduct an inquiry and consider registration of an FIR into the allegations that Gandhi holds dual citizenship, while hearing a challenge to a January 28 order of a special MP/MLA court in Lucknow that had refused to order an FIR.
The petitioner has alleged that Gandhi is a British citizen and, therefore, ineligible to contest elections or continue as a Member of Parliament, relying on purported documents and communications from the UK authorities.
He has sought action 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 before being brought before the Allahabad High Court.
(IANS)
