Allahabad HC loses patience over Rahul Gandhi citizenship case, adjourns after prolonged arguments
Prayagraj: The Allahabad High Court had to adjourn proceedings in a PIL concerning Congress leader Rahul Gandhi's citizenship due to persistent arguments from the Petitioner's Advocate, Ashok Pandey. The hearing, which lasted over 90 minutes, tested the patience of Justices Rajan Roy and Om Prakash Shukla.
Advocate Pandey continued his arguments despite repeated requests from the bench to conclude, leading to the judges expressing their frustration and eventually rising. The court had given ample time to both the petitioner, Karnataka BJP worker S. Vignesh Shishir, and his advocate to present their case, which alleged that Gandhi is a British citizen and thus ineligible to contest Lok Sabha elections.
During the proceedings, the bench emphasized that only substantial matters warrant extended hearings, a point made clear when Pandey insisted on further arguments. The court stated, "Enough! You have tested our patience. You can't take the Court for granted. We have given you enough chances. Now, we are rising. Looks like you don't want us to hear other matters.”
The petitioner’s advocate argued that Gandhi, having acquired British citizenship, ceased to be an Indian citizen. He referenced a notice issued by the Union Home Ministry in 2019 seeking clarification from Gandhi on his citizenship, which purportedly remains unanswered.
The Election Commission of India’s counsel countered that such issues should be addressed through an election petition and noted that similar pleas had been dismissed by the Supreme Court. When questioned about the source of his documents, Pandey admitted they were downloaded from the "Internet" but could not specify the website.
Following the heated exchange, the petitioner requested to withdraw the PIL with liberty to file afresh, which the court warned would result in costs for wasting court time. Ultimately, the bench decided to reserve its order.
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Interfaith marriage: SC asks U’khand judge to ascertain if woman wants to go back to spouse
New Delhi (PTI): More than six years after allowing a woman to live with her parents instead of her husband who belongs to another religious faith, the Supreme Court on Wednesday took note of a fresh plea by the man that his wife be freed from their custody and asked a sessions judge to ascertain whether she now wanted to live with him.
The row over the interfaith marriage had reached the apex court in 2018 when petitioner Mohammad Danish approached it for a direction to free his wife, then 20, from the custody of her parents.
A bench headed by the then Chief Justice, Dipak Misra, had on May 17, 2018 allowed the woman to go back to her parents, who claimed the 'nikahnama' furnished by Danish was fake and that he had abducted their daughter.
The judges, after interacting with the woman, had allowed her to live with her parents, saying being an adult she was "free" to lead her life as per her wish.
The woman had then expressed her desire to go with her parents in Haldwani district of Uttarakhand. The top court had disposed of the habeas corpus petition filed by Danish to produce his wife without touching upon the aspect of their marriage and ‘nkahnama’.
"After we made some queries, we found that she has a clear mind and intends to stay with her parents. In view of the aforesaid, the habeas corpus petition filed by the petitioner shall stand disposed of," the bench had said.
On Wednesday, a vacation bench of justices Sudhanshu Dhulia and Ahsanuddin Amanullah took note of the fresh plea filed by Danish claiming his wife now wanted to come back to him.
“Considering this, we direct the First Additional Sessions Judge, Haldwani to visit the place and record her statement,” the bench said and directed the state administration to render assistance to the judicial officer in compliance of its orders.
The bench asked the judicial officer to record the statement within two weeks and file a report. The matter will be taken up one week thereafter.
The parents of the woman, who accompanied her to the courtroom back in May 2018, had alleged her so-called husband had kidnapped her and executed a "fake" nikahnama (marriage contract).
The counsel for the Uttarakhand government had then told the court that the nikahnama and the marriage certificate were fake. He had claimed it was a clear case of abduction and Danish's petition should be dismissed.
The Uttarakhand police had arrested the couple from Delhi in 2018 after lodging an FIR for alleged abduction following a complaint by the woman's parents.
Danish had then moved the court seeking reunion with his wife saying he was arrested by the police and lodged in Haldwani jail for alleged abduction of his wife, a Hindu girl, who had later converted to Islam of her own free will and taken a different name.
His petition said both of them hailed from Haldwani district and were pursuing Bachelors in Business Administration in Bheemtal town where they fell in love.
Danish had claimed since her parents were opposed to their relationship, they got married in Ghaziabad as per Islamic rituals and customs.
