SC dismisses PIL seeking CBI probe into Rahul Gandhi's citizenship row
New Delhi: The Supreme Court on Monday dismissed in limine (at the admission stage) a PIL seeking a CBI probe into Congress Vice President Rahul Gandhi’s citizenship and his consequent disqualification from being a Member of Parliament from Amethi constituency.
A bench comprising Chief Justice H L Dattu and Justice Amitava Roy questioned the “authenticity of the document” attached with the PIL and the manner in which the papers were procured. The CJI told the petitioner advocate M.L. Sharma “you can’t be making bald allegations. Can we start making roving inquiries into these allegations.”
The CJI reminded the petitioner that last week a Bench led by Justice Madan Lokur had cautioned courts from entertaining PILs against individuals and ‘we are bound by that judgment.” Giving his personal experience, the CJI said “I had visited a school where 49 children with psychiatric problems are looked after. The teacher told me that all the children have only one tooth brush, one towel and one soap. You must file a PIL seeking relief to these children and you can’t be wasting our time by filing frivolous petitions.”
The CJI told the petitioner “if a false declaration had been given by Rahul Gandhi then it is for the Election Commission to take action under the Representation of the People Act. Don’t force me to award exemplary costs in the last two days of my tenure.”
BJP leader Subramanian Swamy, had alleged that Rahul Gandhi had declared himself as British national in documents before the company law authorities in the United Kingdom, where Rahul was working briefly. He also wrote to the Prime Minister Narendra Modi demanding that the Congress MP be stripped of his Indian citizenship as well as his parliamentary membership.
In his PIL, M.L. Sharma annexed the documents in which Rahul Gandhi has declared himself as British during the certificate of incorporation of a private limited company, viz Backops Ltd in 2003 and annual returns before the Registrar of Companies, UK.
Mr. Sharma pointed out that in the affidavit filed while contesting from Amethi, Rahul Ganhi has merely mentioned that he is a resident in Delhi without disclosing that he is an Indian. As a result he had suppressed the fact that he is a British national as per his declaration before various authorities in the UK. Asserting that a fraud and forgery has been committed by Rahul Gandhi, the petitioner sought a direction for ordering a CBI probe and a direction to register a criminal case against him and consequently to disqualify him from being a Member of Parliament.
