Allahabad high court defers order for FIR, issues notice to Rahul Gandhi to present his viewpoint

LUcknow: The Lucknow bench of the Allahabad heights margaret court has deferred its prescribe, which was precondition in an open up court on Friday, for lodging an FIR against the Leader of Opposition in the Lok Sabha, Rahul Gandhi, on a BJP worker's petition alleging that he is a British national.In the order uploaded on the high court's website on Saturday evening, the court has issued a notice to Rahul Gandhi to present his viewpoint on April 20 on the BJP worker's petition before passing any order."It appears that the application under Section 528 BNSS (Bharatiya Nagarik Suraksha Sanhita) should not be decided without issuing notice to the opposite party no.1. (Rahul Gandhi). The parties need to be given an opportunity to address the court on this aspect of the matter," said Justice Subhash Vidyarthi in the order.In the order, Justice Vidyarthi noted that the judgment was pronounced in court on Friday in the presence of SB Pandey, the deputy solicitor general of India, and others.The judge further pointed out that during the hearing, the court had put a specific question to the petitioner and to the learned counsel appearing in the matter as to whether a notice was required to be issued to the opposite party (Rahul Gandhi).All of them submitted that there was no need for it while deciding an application under Section 173(4) read with 175(3) BNSS, the court added.Therefore, a certain judgment was pronounced in the open court, said the court's order.Before the judgment could be typed and signed, the court came across a judgment of a Full Bench of this Court in the case of Jagannnath Verma and others Vs State of U.P. And others.In that case, the Full Bench held that an order of a magistrate rejecting an application under Section 156(3) Cr.P.C. For the registration of a case by the police and for investigation is not an interlocutory order.An Interlocutory order is a temporary or provisional ruling issued by a court during a lawsuit, before the final judgment. They address procedural, administrative, or urgent matters to maintain the status quo or prevent harm, but do not address the parties' main legal rights.The court asserted that the person who is suspected of having committed the crime is entitled to an opportunity to be heard before a decision is taken in the criminal revision."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). The parties need to be given an opportunity to address the Court on this aspect of the matter," said the court.The court has scheduled the next hearing for April 20.Senior advocate SB Pandey, the deputy solicitor general of India, who represents the union government before the Lucknow bench of the Allahabad high court, said the high court's directives will be followed.Justice Vidyarthi on Friday had issued a certain direction to the state government while hearing Karnataka-based Bharatiya Janata Party (BJP) worker S Vignesh Shishir’s petition seeking registration of the FIR against Rahul Gandhi due to alleged British citizenship.The petitioner had sought quashing of an order passed by the Special MP-MLA court in Lucknow on January 28, which had rejected a request to direct the authorities concerned to register an FIR against Gandhi.While rejecting Shishir’s plea on January 28, the special MP-MLA Court (Lucknow) had stated that it did not have jurisdiction to decide on the citizenship issue. The petitioner sought registration of an FIR against Rahul Gandhi and a detailed investigation.The complaint was initially filed in the Special MP-MLA Court in Rae Bareli. Later, on the complainant's application, the Lucknow bench of the Allahabad high court transferred the case from Rae Bareli to Lucknow on December 17, 2025.The Lucknow special court dismissed the plea on January 28. The petitioner subsequently challenged this order in the high court.During the hearing, the high court reviewed documents presented by the petitioner regarding Rahul Gandhi's alleged British citizenship.The petitioner claimed that Rahul Gandhi had declared himself a British citizen through a UK company, 'Backops Limited', raising questions about his Indian citizenship.The petitioner sought an FIR against Rahul Gandhi under several provisions, including Sections 3, 5 and 6 of the Official Secrets Act, 1923, Sections 12 & 13 of the Passports Act, 1967 and Section 14(B) and 14(C) of the Foreigners Act, 1946 at Kotwali police station, Rae Bareli district, Uttar Pradesh.Asif Rizwi, chairman, UP Congress Legal Cell, said: "I have heard that an order has been passed where Rahul Gandhi has been notified to appear through his counsel and give his views in the high court. The same thing I heard last night, also. However, until we receive a notice from the Honourable High Court, Lucknow Bench, we won't be able to say anything. We will answer the notice after we receive it.”