The Delhi High Court on Tuesday decided to treat BJP leader Subramanian Swamy’s petition as a public interest litigation. Swamy requested that the Ministry of Home Affairs review his representation seeking the cancellation of Congress leader Rahul Gandhi’s Indian citizenship.
At the start of the proceedings, the court questioned Swamy about his legal standing in this matter. Justice Sanjeev Narula remarked that Swamy’s right, if any, could only be considered as a public interest concern, not a personal legal right. “Mr. Swamy, I am not able to find any legally permissible right which can be enforced,” the judge stated.
Swamy, who represented himself, agreed that if the court deemed it appropriate to handle his plea as a PIL, it could be transferred to the bench that deals with public interest cases. He emphasized that his actions were not for personal gain but for the public interest, as the government had not progressed on his complaint regarding Rahul Gandhi’s citizenship status.
Swamy’s complaint to the MHA had been acknowledged, and Gandhi was asked to respond. However, Swamy claimed there had been no further progress or updates on his petition.
The court noted that to exercise jurisdiction under Article 226 of the Constitution, enforceable constitutional rights must be demonstrated, which it found lacking in this case. Instead, the court recognized a potential public interest element in Swamy’s petition and directed that it be listed before the bench handling PILs on September 26.
Swamy’s plea also requested a status report from the MHA regarding his representation against Gandhi, who is the leader of the opposition in the Lok Sabha. Swamy’s petition, filed by advocate Satya Sabharwal, alleged that Gandhi had violated the Constitution by disclosing to the British government that he held British citizenship, which Swamy claimed would result in him losing his Indian citizenship.
Swamy has sent numerous representations to the MHA seeking an update on his complaint, but he has not received any response or action from the ministry.
