Notice issued to Rahul on his British citizenship


New Delhi, Apr 30 (IANS): The Ministry of Home Affairs (MHA) has issued a notice to Congress President Rahul Gandhi to clarify his nationality within a fortnight after Bharatiya Janata Party (BJP) MP Subramanian Swamy alleged that he is a British national.

The MHA in a letter dated April 29, said that Gandhi has declared his nationality as British in an annual return filed by a British company named Backops Ltd.

The Ministry sought the Congress President's response over the issue within 14 days.

"You are requested to intimate the factual position in the matter to this Ministry within a fortnight of the receipt of this communication," the letter read.

The BJP had raised the issue earlier in April, citing the British company's document to allege that Gandhi is a British national. BJP MP Swamy cited the same British company document.

Swamy in his representation before the Home Ministry alleged that Gandhi served as one of the Directors and Secretary of the British firm Backops Ltd, which is registered in the UK since 2003, with address 51 Southgate Street, Winchester, Hampshire.

"It has been further brought out in the complaint that in the company's annual returns filed on October 10, 2005 and October 31, 2006, your (Rahul Gandhi) date of birth has been given as June 19, 1970 and that you had declared your nationality as British," the letter wrote.

The letter also stated that in the dissolution application dated February 17, 2009 of the British firm, Gandhi's nationality has been mentioned as British.

Swamy had filed the original complaint to Union Home Minister Rajnath Singh on September 21, 2017 asking him to take "necessary steps to see if this prima facie evidence is rebuttable, and if not, order that Rahul Gandhi be stripped of his citizenship, and his membership of the Lok Sabha, forthwith".

In his complaint, Swamy had then alleged that Gandhi held 65 per cent of of the total shares issued by the British firm.

Referring to Article 9 of the Indian Constitution, Swamy had alleged that every citizen of India is barred from voluntarily acquiring citizenship of any foreign state. While the UK permits dual citizenship, India "emphatically" does not, the MP had mentioned in his complaint.

Swamy also cited Article 18 that he said prohibits an Indian citizen from accepting even foreign tities. "Hence, Rahul Gandhi has, prime facie, committed an unconstitutional act and therefore liable to be stripped of his citizenship and membership of the Lok Sabha.

"No member of parliament can incorporate a company abroad without prior permission under the existing laws and without declaring the same in his nomination form as candidate for election to Parliament. FCRA (Foreign Contribution Regulation Act) is one such law," Swamy said.

  

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Comment on this article

  • Savitha Moras, Mangalore

    Wed, May 01 2019

    As per the law, Indians cannot have dual citizenship. When they become the citizens of other countries, they have to surrender their Indian passport, voters id etc. etc… and unless they have other countries passport, they will have to enter there in every 6 months..

    Irony in India is, people or foreigners who are married an Indian for more than 45 years, their children who are born in India & lived in India almost their full lifetime are called the foreigners and people who are born in India and having the foreign passports, living in other countries are called true Indians..
    and we the "SO CALLED" narrow minded Indians celebrate when an Indian origin becomes a MP or reaches the higher position in other foreign countries and we fail to give that same chance for a foreign origin in India which is very shameful for us..
    I really pity the Gandhi family, despite being Indians, have to give proof of their nationalism in every step they take or walk.. imagine their suffocation and frustrations when they have to swallow their pride and respect when other politicians are taunting them with nonsense about their legacy, about their dynasties.. and about their religion... Personally I salute them for being so strong and united despite being going thru all this..

    DisAgree Agree [1] Reply Report Abuse

  • El En Tea, Mumbai

    Tue, Apr 30 2019

    L K Advani?

    DisAgree [1] Agree [6] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Tue, Apr 30 2019

    Even united opposition is suffering because of non-cooperation from Rahul.
    High time to get rid of dynasty family politics.
    Unity is important to build unbiased and formidable strength to face BJP/Modi but because of congress they cannot form a strong opposition.

    DisAgree [9] Agree [4] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Tue, Apr 30 2019

    "because a citiizen holding dual citizenship cannot be an MP or MLA"

    In that case what about Vijay Mallya ?
    If he had no dual citizenship how he can remain in U.K. and why legally it takes great efforts to extradite him to INDIA ?

    DisAgree [3] Agree [13] Reply Report Abuse

  • Mangalurian, Mangaluru

    Tue, Apr 30 2019

    There are 100s of 1000s of INDIAN citizens in UK and USA who need to file local tax returns.

    Tax returns are for residents, even if the residence is for a short period.

    Just because someone files tax returns in UK and USA (and a host of other countries), that person does not become a citizen in those countries.

    Indian courts know this matter very well.

    DisAgree [4] Agree [15] Reply Report Abuse

  • JayPrakash Shetty, Mangalore/UK

    Tue, Apr 30 2019

    I live in UK . What is being discussed is not tax returns. It is called company house filing. Every year companies have to file a statement declaring name of company directors, their citizenship, addresses and amount of shares they hold in company. This is UK law. This is completely different from tax returns.

    DisAgree [3] Agree [7] Reply Report Abuse

  • Mangalurian, Mangaluru

    Tue, Apr 30 2019

    A foreigner (that is a non-UK citizen) can become a UK company director, shareholder, or a company secretary.

    The foreigner company director, under UK law, does not even need to reside in UK at all!

    The tax filings may be (not 'must be') done by an accountant in UK.

    If the UK accountant fills up some details of the director erroneously, the foreign-resident director does not become a UK citizen.

    So far as I am aware. no tax returns of Mr Gandhi claim that he was/is a UK citizen.

    DisAgree Agree [5] Reply Report Abuse

  • Avil Dev, Mangalore

    Tue, Apr 30 2019

    Pappu may be made to resign from the Parliament Membership until he satisfactorily clears this issue, because a citiizen holding dual citizenship cannot be an MP or MLA.

    DisAgree [14] Agree [6] Reply Report Abuse

  • Ganesh Kamath, Mangalore

    Tue, Apr 30 2019

    Raul Vinci Khan is stumped. If this is proved right then its another episode of Mr, Bean of India.

    DisAgree [20] Agree [12] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Tue, Apr 30 2019

    Modi wants to ensure that Rahul will never be entitled or able to be India's future PM.
    What next ?

    DisAgree [13] Agree [26] Reply Report Abuse

  • Shetty, Mangalore

    Tue, Apr 30 2019

    Did Modi ask him to declare as British citizen when filing tax papers in UK?...

    He thought nobody will find out.... But got caught now...

    DisAgree [17] Agree [12] Reply Report Abuse

  • Shuba, Mumbai

    Tue, Apr 30 2019

    Swamy is trouble maker for all parties as we all know. When we all know Rahul is born in India and lives in India then why does the curiosity of digging up this citizenship question now.

    DisAgree [21] Agree [37] Reply Report Abuse

  • ANIKETH, MUMBAI

    Tue, Apr 30 2019

    LIVING IN INDIA AND HAVING PASSPORT of other country both are different things. Sania mirzas husband shoaib lives mostly in india but he is pakistani citizen untill he applies for indian citizenship.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Pai, Mangalore

    Tue, Apr 30 2019

    Subramanian Swamy had written to MHA about this citizenship issue years back. Nothing was done

    DisAgree [14] Agree [15] Reply Report Abuse

  • geoffrey, hat hill

    Tue, Apr 30 2019

    Nothing done years back? Ha ha! Stop Fekuing and just see Business Standard March 14, 2016, Subbu Swamy's allegation was junked by SC calling the evidence supplied was too frivolous.

    DisAgree [1] Agree [7] Reply Report Abuse

  • Mangalurian, Mangaluru

    Tue, Apr 30 2019

    In any part of the civilised world, it is the accuser who must provide the evidence.

    Otherwise, anybody can accuse anybody else.

    But India keeps surprising me with its tenacity to remain uncivilised.

    Here, the accused has to provide proof!!!

    And how does that work if the accused is not guilty at all?

    BTW, does anyone know if Adani is an Indian citizen? His holding company is in some other country.

    DisAgree [14] Agree [22] Reply Report Abuse

  • RANGA, mangalore

    Tue, Apr 30 2019

    Swamy is SC lawyer..he knows law better than you n me..he already has evidenc which he given ...company name, partners details, IT returns...by the way, MODI has been witch hunted for a decade without evidence..he & shah suffered a lot..did they gave any evidence!..SC thorwn out the case, ..a judge died of heart attack, there is proof..still some pressures SC to open case time n again to implicate Sha...who will compensate Modi shah for this injustice..

    DisAgree [15] Agree [28] Reply Report Abuse

  • Deep Aanjan, Mangalore

    Tue, Apr 30 2019

    Now this is going to be very dangerous for Pappu's political career. His lying or name , nationality and religion is going to boomerang on him soon.

    DisAgree [35] Agree [27] Reply Report Abuse


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