New Delhi: The Delhi High Court on Tuesday said BJP leader Subramanian Swamy’s plea, seeking directions to the Ministry of Home Affairs (MHA) to decide his representation seeking cancellation of Congress leader Rahul Gandhi’s Indian citizenship, be treated a public interest litigation.
At the outset, the court asked Swamy what his legally permissible right was in such a matter.
Justice Sanjeev Narula said it could only be a right, if at all it is, to be considered as a public interest and beyond that it cannot consider it.
“Mr Swamy I am not able to find any legally permissible right which can be enforced,” the judge said.
To this Swamy, who was arguing in person, said if the court feels that the plea be heard as a PIL, it was within the court’s power to send it to the bench dealing with public interest litigations.
“It is for the government of India. I am not doing it for my personal benefit,” he said.
He said the complaint made by him to the ministry was acknowledged and Rahul Gandhi was called upon to give his response to it.
However, since then there has been no progress or intimation given to the petitioner.
The court, dictating its order, said “For this court to exercise jurisdiction under Article 226 of the Constitution, enforceable constitutional rights must be demonstrated which the court cannot find.”
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