HC hears petition challenging citizenship of Sonia Gandhi

New Delhi, May 16 (UNI) Seven years after a PIL was filed challenging the citizenship of Congress President Sonia Gandhi and her holding of posts in both party and government, the Delhi High Court today heard the preliminary arguments.

A division bench headed by Acting Chief Justice Vijender Jain said the argument should be limited to her citizenship and holding of posts both in the party and government.

Senior Counsel P N Lekhi appearing for Rashtriya Mukti Morcha argued that she should be barred from holding any posts in either the party or in the government as she is not a natural born citizen.

''It is dangerous to allow a foreign-born citizen to access to the classified matters. No country in the world allows a foreign-born citizen to hold any constitutional post,'' said Mr Lekhi.

However, the Court refused to implead Ms Gandhi in the case.

Additional Solicitor General(ASG) Gopal Subramanium said the issue of citizenship of Ms Gandhi had been decided by the Supreme Court.

By her marriage to late Rajiv Gandhi, Ms Gandhi had acquired the citizenship of India and it was not illegal on her part to hold the posts in party or in the government, said Mr Subramanium.

Last year, the High Court had issued notice to the Union of India seeking its opinion on a plea for impleading the Congress and its president, challenging the holding of public offices, including the post of party chief by Ms Gandhi on the ground that ''no person who is not a citizen within the meaning of Article 5 of the Constitution has the right to be elected or appointed to any public office under the Constitution.'' The petition said the recognition granted by the Election Commission to political parties under Section 29A of the Representation of the People Act, 1951, is limited to only such political organisations, which have as their office-bearers citizens who come within the meaning of Article 5 of the Constitution.

Article 5 had to be read in the light of the Constitution of America, the petitioner submitted, adding that allowing a person of foreign origin to run the Government or a political party would be subversion of the Constitution.

The court adjouned the matter till tomorrow as arguments remained inconclusive.

UNI PAT YA BD1909