Allahabad High Court Defers FIR Order Against Rahul Gandhi; Cites Mandatory Notice

The Lucknow Bench of the Allahabad High Court has withheld its earlier dictated order directing the registration of an FIR against Leader of the Opposition (LoP) Rahul Gandhi. 

The court has now deferred its verdict, emphasising that a prospective accused must be heard first before issuing such a significant direction.

The case, which centres on controversial allegations regarding Gandhi’s dual citizenship, will now see a fresh hearing on April 20, after the court issued a formal notice to the Congress leader.

Initial Consensus Was to Proceed Without Notice

During the initial proceedings before the bench of Justice Subhash Vidyarthi, the petitioner, BJP worker S. Vignesh Shishir, argued that under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), it was not mandatory to issue a notice to a proposed accused at this stage.

However, while the order was being typed, the court took cognisance of a landmark Full Bench judgment: Jagannath Verma Vs State of U.P. (2014).

This 2014 ruling specified that if a matter falls within the scope of a revision petition, the court is legally bound to provide the potential accused with an opportunity to be heard.

“Prospective Accused Must Be Heard”

Acknowledging the shift in the legal position, the court held that disposing of the matter without issuing a notice would be inappropriate.

The bench emphasised that the principles of natural justice must be upheld, particularly in cases involving high-stakes revisions.

"In light of the legal position, it would not be appropriate to pass an order without issuing a notice," the court observed, effectively halting the immediate registration of an FIR.

This judgment stipulates that if a case falls within the scope of revision, it is mandatory to provide the potential accused with an opportunity to be heard.

The High Court has now issued a notice to Rahul Gandhi (listed as Opposite Party No. 1). 

His legal team will be accorded an opportunity to present their side of the matter during the next sitting on Monday, April 20.