SC refuses to entertain PIL on Rahul''s nationality

R Sedhuraman

Legal Correspondent

New Delhi, November 30

The Supreme Court on Monday refused to entertain a PIL for a CBI probe into Congress Vice-President Rahul Gandhi's nationality.     

A Bench comprising Chief Justice H.L. Dattu and Justice Amitava Roy gave at least half a dozen reasons for dismissing the petition by Advocate M.L. Sharma. 

The Supreme Court has already ruled that no PIL could be filed against individuals.

The petitioner had not given the copies of the complaint sent to the CBI and the representation given to the President on the issue. The petitioner was free to approach the Election Commission seeking de-recognition of Gandhi as Lok Sabha MP for allegedly making a wrong statement that he was an Indian citizen.  Sharma also could have filed a criminal petition in any trail court against Gandhi for making wrong declarations about his nationality.  The petitioner didn't do both and instead came straight to SC which was not permissible, the Bench explained.

Sharma also did not say in his petition how did he get hold of a copy of an application filed by Gandhi with the Registrar of Companies, UK, in which he had allegedly declared himself to be a British citizen. At this, the Bench said it was not sure it was authentic. Further, there was no legal provision for a fishing inquiry in such matters. PILs were meant for helping the poor and disadvantaged sections of society, not for targeting individuals, it said.

The petitioner had also sought disqualification of Gandhi as an MP.