Justice Subhash Vidyarthi of the Lucknow bench of the Allahabad High Court on Monday backed down from hearing Congress leader Rahul Gandhi’s alleged dual citizenship case in light of comments made by petitioner S. Vinesh Shishir, a Karnataka BJP worker, took to social media and directed that the file be sent to the Chief Justice to nominate a new bench for hearing.
In Monday’s order, the judge said the petitioner was casting doubt on the court through his social media posts.
Government counsel VK Singh, appearing on behalf of the UP government during the hearing on Monday, said that in view of the comments made by the petitioner on social media, Justice Subhash Vidyarthi, in open court, recused himself from hearing Rahul Gandhi’s alleged dual citizenship case and directed that the file be sent to the Chief Justice to nominate a new bench of judges.
Last Friday, Justice Vidyarthi postponed the open court’s order to register an FIR against Rahul Gandhi in the alleged dual citizenship case.
“The petitioner posted the following message on social media: Huge backroom exercise by Congress party and late night calls to all deep state operatives,” the court said in its order issued on Monday.
The Supreme Court order also said, “The said letters posted by the petitioner on social media indicate that he is appealing to this court as the court has not signed and lifted the order which was dictated in open court on 17.04.2026, for the reason recorded in the order dated 17.04.2026 signed and uploaded on the website of this court. The letters indicate that the petitioner has lost confidence in this court.”
“Curiously, in another letter posted on social media, the petitioner has sought public opinion on whether he should request this Court to issue notice to the other party and order his personal appearance before the Court and has stated that he has full faith in this Court and the Hon’ble Supreme Court of India,” the Supreme Court also said in its order issued on Monday.
“In these circumstances, when the petitioner has publicly questioned the court on social media, this court does not deem it appropriate to hear this matter again,” the court said.
The order stated: “The courts are not affected by the discretion of the litigants. However, the above-mentioned letters, which were published after the issuance of the order on 04/17/2026, are considered an appeal to this court, and taking that into consideration, I consider it appropriate to recuse myself from hearing this case.”
“I accordingly absolve myself from hearing this matter,” Justice Vidyarthi said in the order.
The court also noted that the lawyers, including the Deputy Attorney General of India, representing various parties, did not assist the court.
In its Friday order, available on the Supreme Court’s website on Saturday, the court said that during Friday’s hearing, the petitioner, along with counsel for the Central and State governments, was asked whether notice of opponent number one (Rahul Gandhi) was necessary in the present case.
The lawyers informed the court that there was no need to issue notice, following which a detailed order was issued to register the FIR in open court, the order said.
However, before writing and signing the order, Justice Vidyarthi observed that the Full Bench of the Allahabad High Court, in a 2014 decision, had held that only a review petition can be maintained in case petitions seeking registration of an FIR are dismissed, and that it is mandatory to send notice to the proposed accused on such petition.
The court had stated that, in light of this legal position, it was not appropriate to decide the matter without giving notice to opponent number one (Rahul Gandhi). The court set April 20 for the next session.
The petitioner, S. Vignesh Shishir, has made several serious allegations against Rahul Gandhi under the Indian Penal Code, Official Secrets Act, Foreigners Act and Passports Act and has demanded a thorough investigation. A court of first instance had previously rejected the petitioner’s request. He then went to the Supreme Court.
