BJP worker Vignesh Shishir has approached the Allahabad High Court seeking registration of an FIR against Rahul Gandhi, claiming he possesses documents purportedly proving the Congress leader’s British citizenship and seeking his disqualification from Parliament.
The Allahabad High Court on Monday came down heavily on a BJP worker seeking an FIR against Leader of Opposition Rahul Gandhi over his alleged British citizenship, saying the court had been ‘maligned’ through social media posts casting aspersions on its functioning, before the judge recused himself from the case, according to Live Law.
Justice Subhash Vidyarthi of the Lucknow Bench stepped aside from hearing the plea filed by Vignesh Shishir after taking strong exception to the petitioner’s online posts and media statements. The development came after the bench had earlier indicated it may issue notice to Gandhi in the matter.
During the hearing, the court noted that Shishir had publicly alleged “foul play” and claimed he was being subjected to unfair treatment. Expressing sharp disapproval, Justice Vidyarthi said he regretted hearing the matter, observing that the petitioner appeared to have used the proceedings for “political mileage”.
“How is it justified to sling mud behind our backs? Is it right to speak against the Court? What kind of statements are you making in the media…you are making the Court a part of your political arena,” Live Law quoted Justice Vidyarthi as saying.
The bench also flagged that Shishir had sought public opinion on social media on whether the case should continue before the same bench and had even sought the intervention of the Chief Justice of India. It held that such conduct amounted to casting aspersions on the court and damaging its dignity.
In a notable moment during the proceedings, both the government advocate and the Deputy Solicitor General of India conceded that the petitioner’s social media posts were indefensible.
Responding to the court’s concerns, Shishir argued that his posts were not directed at the bench but at individuals allegedly pressuring him to withdraw the case. He also pointed to earlier posts where he had praised the court’s previous order directing registration of an FIR against the Congress leader.
“I appreciated your earlier order on social media. Please see those posts also where I said that it was a landmark order. But today what is being passed is a one-sided order. Please check my other posts too,” he submitted.
The court, however, dismissed the argument, with Justice Vidyarthi stating that the judiciary does not require appreciation from litigants and that such submissions could be made before an appellate court.
The recusal comes just two days after the bench had effectively paused its own earlier direction delivered in open court on April 17, which had ordered the registration of an FIR against Gandhi. In an order uploaded on April 18, the court halted the operation of that direction before it could be formally signed, observing that Gandhi may be entitled to an opportunity of being heard.
