In a major legal setback for Leader of Opposition Rahul Gandhi, the Lucknow Bench of the Allahabad High Court today directed the registration of a First Information Report (FIR) in connection with allegations that he held British citizenship. The court held that the claims warrant investigation and permitted the State to either conduct the probe itself or refer the matter to a central agency, including the CBI.
The order, delivered by Justice Subhash Vidyarthi, sets aside a January 28 decision of a Lucknow-based special MP/MLA court, which had declined to order an FIR citing lack of jurisdiction in matters concerning citizenship. The High Court’s intervention revives a case that had earlier been dismissed at the trial stage despite detailed submissions by the complainant.
Prima facie case established, probe mandated
The High Court made it clear that the allegations cannot be dismissed at the threshold. Observing the existence of a prima facie case, the court ruled that an investigation is necessary to ascertain the facts. While the detailed order is awaited, the direction to register an FIR marks a decisive escalation in the matter.
The petition was filed by Karnataka-based BJP worker S Vignesh Shishir, who had challenged the lower court’s refusal to act. The complaint was initially filed before a special MP/MLA court in Rae Bareli and later transferred to Lucknow by the High Court in December 2025. Following the dismissal of his plea, the petitioner moved the High Court.
Backops Ltd records under scrutiny
The controversy centres on a UK-based company, M/S Backops Ltd., incorporated in August 2003. According to the petitioner, company records list Rahul Gandhi as a director who declared his nationality as British and provided addresses in London and Hampshire.
It has been stated that annual returns filed in October 2005 and October 2006 continued to reflect his nationality as British. The company was subsequently dissolved in February 2009.
The petitioner further pointed out that during the 2004 Lok Sabha elections, Gandhi disclosed ownership of the company as well as a foreign bank account with Barclays Bank’s London branch, raising questions that now form the core of the investigation.
Multiple legal provisions invoked
Shishir has sought criminal proceedings under the Bharatiya Nyaya Sanhita (BNS), the Official Secrets Act, the Passport Act, and the Foreigners Act. He contends that if the allegations are substantiated, they could directly impact Gandhi’s eligibility to contest elections and continue as a Member of Parliament.
The petitioner has also claimed to possess documentary material and communications purportedly linked to British authorities to support his claims.
The case gathers momentum after an earlier dismissal
After the police did not register a case, the complainant approached the courts. The earlier refusal by the Lucknow court effectively stalled the matter until the High Court intervened.
In a related development, the High Court had previously directed that Shishir be provided round-the-clock security by Central Armed Police Forces, underlining the sensitivity of the issue.
With the High Court now ordering an FIR and opening the door to a detailed investigation, the case moves into a critical phase. The outcome of the probe will be closely watched, as it carries potential legal and political consequences for one of India’s most prominent opposition leaders and raises broader questions on compliance with citizenship norms for public office holders.
