The Delhi High Court on Friday directed the Centre to place its stand on BJP leader Subramanian Swamy's plea seeking directions to the Ministry of Home Affairs to decide over Gandhi's Indian citizenship.
A bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela orally asked the proxy counsel for the Central government to take instructions in the matter.
"We want to have the assistance of the counsel from the state before we pass any order," the bench said.
The court, which was initially inclined to issue notice on the petition, was informed by the Centre's proxy counsel that the lawyer who was earlier representing the government in the matter was designated as a senior advocate. He therefore sought some time for a new counsel to be engaged in the case.
The bench subsequently posted the matter on January 13, 2025.
Swamy's plea, filed by advocate Satya Sabharwal, said on August 6, 2019, a letter was sent to the ministry alleging Gandhi had "voluntarily disclosed" to the British government that he was a citizen of British nationality, amounting to holding a British passport.
Swamy therefore said the Congress leader, being an Indian citizen, had violated Article 9 of the Constitution, read with the Indian Citizenship Act, and would cease to be an Indian citizen.
He claimed of having made several representations to the ministry inquiring about the status of his complaint but neither was any action taken nor was he intimated about it.
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