HC judge recuses himself from Rahul Gandhi citizenship case
Lucknow, April 21 -- Justice Subhash Vidyarthi of the Lucknow bench of the Allahabad high court on Monday recused himself from hearing the case of Congress leader Rahul Gandhi's alleged dual citizenship and directed to send the file to the chief justice for nominating a new bench for hearing. The judge recused himself in view of the comments made by the petitioner S. Vignesh Shishir, a Karnataka BJP worker, on social media.
Government advocate VK Singh, who appeared on behalf of the UP government during Monday's hearing, said that in view of the comments made by the petitioner on social media, Justice Subhash Vidyarthi, in open court, recused himself from hearing Rahul Gandhi's alleged dual citizenship case and directed to send the file to the chief justice for nominating a new bench.
Last Friday, Justice Vidyarthi stayed the open court order to register an FIR against Rahul Gandhi in the alleged dual citizenship case.
In the order, available on the high court's website on Saturday, the court stated that during Friday's hearing, the petitioner, along with the lawyers for the central and state governments, were asked whether a notice to opponent number one (Rahul Gandhi) was necessary in this case.
The order stated that the lawyers told the court that there was no need to issue a notice, after which a detailed order for registration of FIR was passed in open court.
However, before the order was typed and signed, Justice Vidyarthi had observed that the full bench of the Allahabad high court, in a decision, passed in 2014, had held that only a revision petition is maintainable in case of rejection of the petitions seeking registration of FIR and it is mandatory to send a notice to the proposed accused on such petition. The court had stated that, given this legal position, it was not appropriate to decide the matter without issuing notice to opponent number one (Rahul Gandhi).
The court had fixed April 20 for the next hearing. The petitioner, S Vignesh Shishir, has levelled several serious allegations against Rahul Gandhi under the Indian Penal Code, the Official Secrets Act, the Foreigners Act, and the Passport Act, and demanded a thorough investigation.
A lower court had previously rejected the petitioner's application. He approached the high court thereafter....
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