The Delhi High Court on Tuesday said BJP leader Subramanian Swamy's plea, seeking directions to the Ministry of Home Affairs (MHA) to decide his representation seeking cancellation of Congress leader Rahul Gandhi's Indian citizenship, be treated a public interest litigation.
At the outset, the court asked Swamy what his legally permissible right was in such a matter.
Justice Sanjeev Narula said it could only be a right, if at all it is, to be considered as a public interest and beyond that it cannot consider it. "Mr Swamy I am not able to find any legally permissible right which can be enforced," the judge said.
To this Swamy, who was arguing in person, said if the court feels that the plea be heard as a PIL, it was within the court's power to send it to the bench dealing with public interest litigations.
"It is for the government of India. I am not doing it for my personal benefit," he said.
He said the complaint made by him to the ministry was acknowledged and Rahul Gandhi was called upon to give his response to it. However, since then there has been no progress or intimation given to the petitioner.
The court, dictating its order, said "For this court to exercise jurisdiction under Article 226 of the Constitution, enforceable constitutional rights must be demonstrated which the court cannot find."
It added, "At the highest, the court could see that there could be a public interest involved which is the cause Swamy wishes to espouse in the present petition. In view of the above, the matter be listed before the roster bench dealing with PILs."
The court clarified that it had not expressed any opinion on the merits of the case and said the matter be listed before the roster bench dealing with PILs on September 26.
Swamy, in his plea, also sought a direction to the MHA to furnish a status report on the representation filed by him against Gandhi, the leader of the opposition in the Lok Sabha.
The plea, filed by advocate Satya Sabharwal, said that on August 6, 2019, Swamy had written a letter to the ministry on "violations" by Gandhi in "voluntarily disclosing" to the British government that he was a citizen of British nationality, amounting to holding a British passport.
The Congress leader, being an Indian citizen, has violated Article 9 of the Constitution, read with the Indian Citizenship Act, and would cease to be an Indian citizen, Swamy has said in his plea.
Swamy has said he has sent many representations to the ministry inquiring about the status of his complaint but neither any action has been taken nor he has been intimated about it.
