Lucknow (Uttar Pradesh) [India], April 18 : In a swift legal turn of events, the Lucknow Bench of the Allahabad High Court on Saturday stayed its own order from a day earlier, which had directed the registration of a First Information Report (FIR) against Congress leader Rahul Gandhi.
The court observed that a final decision on the petition, which alleged that Gandhi holds British citizenship, cannot be reached without first granting the Leader of the Opposition an opportunity to be heard.
The stay effectively defers the operation of a judgment dictated in open court on Friday, preventing the FIR from being lodged while the judicial process continues.
The case centres on a petition filed by Vignesh Shishir, a Karnataka-based BJP member, who moved the high court after a special MP-MLA court in Lucknow initially declined to entertain the plea in January 2026, in which he accused Gandhi of holding British citizenship in violation of Indian law.
The petition claimed that several offences may have been committed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Foreigners Act, Passport Act, and other relevant statutes.
Shishir also accused the Congress leader of providing information to enemy countries and obtaining a fake passport.
The Lucknow Bench of the Allahabad High Court had initially ruled that a First Information Report (FIR) must be registered against Rahul Gandhi in a petition alleging dual citizenship, Additional Government Advocate Vinay Kumar Shahi said.
While Justice Subhash Vidyarthi had initially found that the allegations disclosed "prima facie cognizable offences" warranting a probe, he withheld the final signed order on Saturday.
Petitioner Vignesh Shishir described the initial order as a "landmark judgment," arguing that holding foreign nationality while contesting Indian elections violates the Constitution, the Citizenship Act, and the Foreigners Act.
Speaking to ANI, Shishir said, "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."
Shishir added that the court has taken note of Rahul Gandhi's electoral history as well. "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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