The Lucknow Bench of the Allahabad High Court, on April 17, 2026, issued a landmark directive to register a First Information Report (FIR) against Leader of Opposition Rahul Gandhi. The order, passed by Justice Subhash Vidyarthi, elevates long-standing political allegations regarding Gandhi’s alleged British citizenship into a formal criminal investigation.
The Investigative Mandate
The court’s decision follows a petition by S. Vignesh Shishir, who challenged a lower court’s refusal to act. The petition relies on 2003 records of a UK-based company, Backops Ltd, where Gandhi allegedly declared his nationality as “British.” The High Court ruled that these allegations warrant a thorough examination under the Bhartiya Nyaya Sanhita (BNS), the Passport Act, and the Foreigners Act.
Central Agency Involvement
The High Court has granted the Uttar Pradesh government the liberty to transfer the probe to a central agency:
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CBI Transfer: Given that the investigation requires verifying international documents and UK Companies House filings, the court noted that a central agency like the CBI would be better equipped than local police.
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Constitutional Stakes: Under Article 84, any proven foreign nationality would result in immediate disqualification from Parliament.
Why It Matters
This is a critical stress test for the rule of law. For the first time, the judiciary has authorized a criminal inquiry into a sitting MP’s nationality based on private petition documents. While an FIR is not a finding of guilt, it moves the dispute from political rhetoric to a formal evidentiary process. If the probe finds merit, it could trigger a constitutional crisis; if baseless, it raises concerns about using criminal law as a tool for political disqualification.