The Supreme Court on November 30, 2015 dismissed a public interest litigation petition filed by a lawyer seeking a CBI probe against Congress leader Rahul Gandhi for allegedly declaring himself as a British national before company law authorities in the U.K.
The apex court found it too “frivolous” and had called it an attempt by the lawyer to start a “roving inquiry.”
Instead of entertaining the petition, the apex court Bench of then Chief Justice H.L. Dattu and Justice (now retired) Amitava Roy berated the lawyer, M.L. Sharma. The court said PILs were not meant to target one individual or organisation but was a medium to resolve human suffering through good governance.
Searching questions
The Bench had rubbished the lawyer’s plea, putting searching questions to the latter about the source and authenticity of documents attached to his petition. During the hearing, Chief Justice Dattu expressed the hope that the objective of PILs could one day be rescued by people with a “little sensitivity.”
When Mr. Sharma insisted on the court to re-consider, an annoyed Chief Justice Dattu told him to stop, saying “I have two more days in office, don’t force me to impose exemplary costs on you.” Justice Dattu had retired on December 2.
The petition filed by Mr. Sharma is based on the same set of allegations levelled by BJP leader Subramanian Swamy that Mr. Gandhi had claimed himself to be a British national before the authorities in connection with incorporation of a firm.
Swamy’s complaint
Dr. Swamy’s complaint came under the spotlight on Tuesday when the Home Ministry served a notice on Mr. Gandhi to clarify within a fortnight his “factual position” on a complaint questioning his citizenship status.
In a letter, the Home Ministry said it had received a representation from Dr. Swamy in which it had been brought out that a company named Backops Limited was registered in the United Kingdom in 2003 with Mr. Gandhi as one of its directors.
The Home Ministry said Dr. Swamy’s letter also mentioned that in the British company’s annual returns filed on October 10, 2005 and October 31, 2006, Mr. Gandhi’s date of birth has been given as June 19, 1970 and had declared his nationality as British.
