Lucknow/New Delhi, April 18 (NationPress) In a pivotal development, the Allahabad High Court has postponed its final ruling on a petition that seeks the registration of an FIR against the Leader of Opposition in the Lok Sabha, Rahul Gandhi, regarding claims of dual citizenship. The court remarked that any potential accused should be granted a chance for a hearing before such directives are made.

A single-judge Bench presided by Justice Subhash Vidyarthi decided to withhold the judgment after it was initially read in open court. The judge emphasized that the decision could not be finalized without providing notice to the proposed accused.

According to the ruling uploaded on Saturday, Justice Vidyarthi noted that during the proceedings, all involved parties had asserted that “there is no necessity for issuing a notice to the proposed accused” while deliberating on an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

However, prior to the judgment being documented and signed, the single-judge Bench referenced a Full Bench ruling in Jagannath Verma vs State of U.P., which stated that an order to deny a plea for FIR registration is not interlocutory and can be revised. It also asserted that “the prospective accused… has the right to be heard before a decision is made.”

“Given this legal context, it appears that the application under Section 528 BNSS should not be resolved without notifying the opposing party no.1 (Rahul Gandhi),” Vidyarthi remarked, stressing that the involved parties must consider this element.

The case has been scheduled for further discussion on April 20.

This development is noteworthy as the single-judge Bench had previously instructed the Uttar Pradesh Police to conduct an investigation and contemplate the registration of an FIR regarding the allegations that Gandhi possesses dual citizenship. This was during the hearing of a challenge to a January 28 order from a special MP/MLA court in Lucknow, which had denied the request for an FIR.

The petitioner claims that Gandhi is a British citizen, rendering him ineligible to participate in elections or serve as a Member of Parliament, citing alleged documents and communications from UK authorities.

He has sought action based on provisions of the Bharatiya Nyaya Sanhita, the Official Secrets Act, the Foreigners Act, and the Passport Act.

The initial complaint was filed with a special MP/MLA court in Rae Bareli before being escalated to the Allahabad High Court.