In a significant legal development, the Lucknow bench of the Allahabad High Court on Friday directed the registration of a First Information Report (FIR) against Congress MP and Leader of Opposition in the Lok Sabha, Rahul Gandhi. The order pertains to allegations regarding his citizenship status, with the court further observing that the state government may seek assistance from a central agency for the subsequent investigation.
The case reached the High Court through a petition filed by S Vignesh Shishir, a BJP worker from Karnataka. Shishir had challenged an order dated January 28, 2026, issued by a special MP/MLA court. The lower court had previously rejected his plea for an FIR, stating that it was not competent to adjudicate on matters specifically related to citizenship.
The legal journey of this complaint has been complex. Initially filed before the special MP/MLA court in Rae Bareli, the case was transferred to Lucknow on December 17, 2025, following a request by the petitioner to the High Court. After the special court in Lucknow dismissed the plea in January, the petitioner moved the High Court seeking a detailed probe.
The petitioner has leveled serious allegations against the Congress leader under several legislative frameworks, including:
- Bharatiya Nyaya Sanhita (BNS)
- Official Secrets Act
- Foreigners Act
- Passport Act
The crux of the complaint involves an alleged dual citizenship controversy, which the petitioner argues warrants a criminal investigation.
Justice Subhash Vidyarthi, presiding over the bench, passed the order overturning the lower court’s refusal to register the FIR. The High Court’s intervention mandates that the police formally record the complaint to begin a primary investigation. Crucially, the court noted that the scale or nature of the allegations might require specialized resources, suggesting that the state government could involve a central agency to assist in the probe.
Following the High Court’s directive, the local authorities are now required to register the FIR. This marks a shift from a preliminary legal dispute over jurisdiction to an active criminal investigation. The involvement of central agencies, as suggested by the court, remains a discretionary move for the state government depending on the requirements of the investigation.
