Rahul Gandhi's citizenship case: Judge recuses over petitioner's posts

Justice Subhash Vidyarthi of the Allahabad High Court has recused himself from Rahul Gandhi's dual citizenship case after the petitioner made social media comments that the court said cast aspersions on the judiciary, causing a delay.

Judge Recuses Over Petitioner's Social Media Posts

In a dramatic turn of events at the Lucknow Bench of the Allahabad High Court, Justice Subhash Vidyarthi recused himself on Monday from hearing the dual citizenship case involving Leader of Opposition (LoP) Rahul Gandhi. The decision followed a heated session where the court expressed deep displeasure over social media comments made by the petitioner, Vignesh Shishir, which the judge deemed as "casting aspersions" on the judiciary and undermining the court's dignity. The recusal marks a significant delay in the high-profile legal battle over Gandhi's alleged British citizenship.

Procedural Snag and Next Steps

During the proceedings, Justice Vidyarthi noted that the petitioner had publicly suggested "foul play" and sought public opinion on whether he should continue with the current bench. According to Additional Government Advocate Vinay Kumar Shahi, the procedural snag began after the court realised it needed to hear the opposing party before issuing a final order. "Before the court could issue an order, it realised it should have heard the opposing party, leading to a postponement. During this period, the petitioner made certain comments on social media that appeared to accuse the judge, causing the court to express displeasure. After documenting these findings, Justice Vidyarthi recused himself from the case, citing judicial propriety and transparency, and referred the matter to the Chief Justice of Uttar Pradesh to nominate another judge," he told ANI.

Shahi clarified that while both the state government and the plaintiff were prepared to argue the case's merits, the court focused on the breach of judicial propriety. The case now awaits a new judge, with Shahi indicating a procedural delay of approximately 10 to 20 days. "The next steps involve the Chief Justice of Uttar Pradesh nominating a new judge, who will then issue a notice, after which the hearing will proceed," he concluded.

Background of the Citizenship Case

This comes after the Lucknow Bench of the Allahabad High Court on Saturday stayed its own order from a day earlier, which had directed the registration of a First Information Report (FIR) against Congress leader Rahul Gandhi. The court observed that a final decision on the petition, which alleged that Gandhi holds British citizenship, cannot be reached without first granting the Leader of the Opposition an opportunity to be heard. The stay effectively defers the operation of a judgment dictated in open court on Friday, preventing the FIR from being lodged while the judicial process continues.

The case centres on a petition filed by Vignesh Shishir, a Karnataka-based BJP member, who moved the high court after a special MP-MLA court in Lucknow initially declined to entertain the plea in January 2026, in which he accused Gandhi of holding British citizenship in violation of Indian law. The petition claimed that several offences may have been committed under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Foreigners Act, Passport Act, and other relevant statutes. Shishir also accused the Congress leader of providing information to enemy countries and obtaining a fake passport.

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