In a significant legal development, the Lucknow Bench of the Allahabad High Court has stayed its own order to register an FIR against Congress MP Rahul Gandhi in a case related to dual citizenship. The court observed that an order for an FIR can't be passed without issuing a prior notice to the accused. The court has now fixed April 20 as the date for the next hearing in this matter.
Judicial Review and the 2014 Precedent
Justice Subhash Vidyarthi reviewed the decision on Saturday before the formal order could be typed. Upon re-examination, he noted a 2014 judgment by the Allahabad High Court which established that if an application seeking the registration of an FIR is dismissed, only a revision petition is maintainable. Plus, in such cases, it's mandatory to serve a notice to the proposed accused. Consequently, the court held that deciding the matter without issuing a notice to Rahul Gandhi was inappropriate, leading to the stay on its previous directive.
Allegations by Petitioner S. Vignesh Shishir
The petition was filed by S. Vignesh Shishir, a resident of Karnataka, who leveled serious allegations against Rahul Gandhi.
On Friday, the court had initially taken cognizance of the petition and ordered the registration of an FIR, suggesting that the case be transferred to the Central Bureau of Investigation (CBI).
Procedural History: From Raebareli to Lucknow
The legal proceedings originally commenced in the special MP/MLA court in Raebareli. At the petitioner's request, the High Court transferred the case to Lucknow on December 17, 2025. Subsequently, the MP/MLA court in Lucknow dismissed the petition on January 28, 2026. Following this dismissal, the petitioner approached the High Court. While the High Court initially ordered the FIR, it reversed its stance on April 18, 2026, stating that an FIR can't be initiated without providing the accused an opportunity to respond via a notice.
Petitioner to Approach the CJI
Following the High Court's decision to stay the FIR order, petitioner S. Vignesh Shishir expressed his dissatisfaction. He stated that he would file a complaint with the Chief Justice of India (CJI) regarding the withdrawal of the order to register an FIR against Rahul Gandhi. Shishir continues to demand a comprehensive probe into the allegations, which were previously rejected by the lower court. The case will now be heard again on April 20.
