Allahabad HC judge steps aside in citizenship plea against Rahul

The Allahabad High Court on Monday saw a sudden turn in proceedings when Justice Subhash Vidyarthi recused himself from hearing a plea filed by BJP worker Vignesh Shishir, seeking registration of an FIR against Leader of Opposition Rahul Gandhi over allegations of British citizenship.The recusal came at the very outset, with the court expressing dissatisfaction over the petitioner’s conduct outside the courtroom. Justice Vidyarthi noted that Shishir had made statements on social media and in the press suggesting “foul play” and unfair treatment by the Bench after it had earlier considered issuing a notice to Gandhi. The court observed that such remarks amounted to casting aspersions on judicial functioning and undermined the dignity of the institution.

In open court, the judge questioned the propriety of publicly criticising judicial proceedings and remarked that the court was being drawn into a political arena.

He indicated regret over having taken up the matter, observing that the proceedings appeared to have been used for political mileage. The Bench further noted that the petitioner had even sought public opinion online on whether the case should continue before the same judge, while also approaching the Chief Justice.

Both the government counsel and the Deputy Solicitor General submitted that the petitioner’s social media posts were indefensible. The court also recorded its dissatisfaction with the assistance provided by law officers on the legal question of whether notice ought to be issued to a prospective accused before passing orders in such matters.

Responding to the court’s concerns, Shishir argued that his statements were directed at individuals allegedly putting pressure on him to withdraw the case, not at the court. He also referred earlier posts in which he had praised the Bench’s initial direction for registration of an FIR, describing it as a significant order. The court, however, made it clear that judicial decisions do not require public endorsement and said such submissions could be raised before an appellate forum.

The development follows events over the past two days. On April 17, the Bench had dictated an order in open court directing registration of an FIR against Gandhi. However, in an order uploaded the next day, the court deferred the operation of that direction after considering whether Gandhi, as a prospective accused, ought to be heard before any final decision.

The court referred to a Full-Bench ruling in Jagannath Verma vs State of Uttar Pradesh (2014), which held that in revision proceedings, a person against whom allegations are made is entitled to an opportunity of hearing. Although Shishir’s plea was filed under Section 528 of the BNSS, the Bench indicated that the principle of hearing a proposed accused may still apply.

The case was listed to address this issue, but before arguments could proceed, Justice Vidyarthi recused himself. The matter will now be placed before another Bench nominated by the Chief Justice. A detailed order on the recusal is awaited.

Shishir had approached the High Court after a Lucknow court rejected his plea earlier this year seeking criminal action against Gandhi under provisions of the BNS, Passport Act, Foreigners Act and the Official Secrets Act, based on allegations linked to a UK-registered company.