Allahabad HC judge recuses from Rahul Gandhi citizenship row case
What's the story
Justice Subhash Vidyarthi of the Allahabad High Court (Lucknow Bench) has recused himself from hearing a case against Rahul Gandhi. The case was filed by Bharatiya Janata Party (BJP) worker Vignesh Shishir, who sought an FIR against Gandhi over his alleged British citizenship. The judge's decision to recuse himself came after he took exception to certain social media posts and media interviews by Shishir that allegedly maligned the court's dignity.
Court's response
Judge regrets hearing the case
Justice Vidyarthi expressed regret for hearing the case, saying he was used by Shishir for political mileage. He asked, "How is it justified to sling mud behind our backs? Is it right to speak against the court?....in the media...you are making the court a part of your political arena." The judge also noted that Shishir sought public opinion on social media about continuing with this bench and sought indulgence of the Chief Justice of India (CJI) in this matter.
Social media scrutiny
Court's observation on Shishir's social media posts
The court said Shishir's social media posts cast aspersions on the court. "The Court is of the opinion that he has maligned the Court," he said. Both the government advocate and Deputy Solicitor General of India conceded that these posts could not be defended. The bench also expressed dissatisfaction with legal representatives for not presenting the correct legal position regarding whether a notice should be issued to Gandhi before passing an order last week.
Case defense
Shishir's defense in the matter
In his defense, Shishir argued that his posts were not aimed at the court but at those pressuring him to withdraw from the case. He also highlighted previous posts appreciating an earlier order of the bench for lodging an FIR against Gandhi. Justice Vidyarthi, however, said the court doesn't need appreciation from anyone and these submissions could be made before an appellate court.
Case update
Case posted for further hearing
This development comes after the bench deferred an earlier order directing an FIR against Gandhi. The court noted that Gandhi might be entitled to a hearing before a final decision is taken. Shishir had sought the registration of an FIR and a detailed investigation against Gandhi. He claimed to have documents and emails from the British government proving Gandhi's British citizenship. These allegations make Gandhi ineligible to contest elections in India or hold Lok Sabha membership.