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BJP may drag Sonia's Indianness to court

Tara Shankar Sahay in New Delhi

The BJP leadership is actively considering a public interest litigation against Congress president Sonia Gandhi's Indian citizenship, top party officials indicated Friday.

They said the party leadership had found that Gandhi's citizenship was not in order as it was sought hastily, leaving legal loopholes.

However, Congress spokesman Ajit Jogi had recently claimed that there was nothing wrong with his party president's citizenship when the question why she had never voted was raised.

Explaining the genesis of Gandhi's citizenship issue, BJP functionaries said Parliament had been plunged into pandemonium in the early '80s when it was discovered that a "foreigner" had been enlisted as an Indian voter. The controversial issue, articulated by agitated Opposition members, had questioned how Gandhi, a person of Italian origin, had begun staying in the residence of the then prime minister Indira Gandhi.

As the controversy burgeoned, the government constituted the Gupta Committee in 1983 to look into the matter.

The Committee subsequently gave the verdict that Gandhi's enlistment as a voter was illegal. It found fault with the electoral officer concerned.

After that, Gandhi's name was deleted from the voters' list. However, Gandhi applied for fresh citizenship in early April, 1983 and was granted it the same month.

But according to the BJP, the Congress president's Indian citizenship still left loopholes. Its legal advisors, including noted lawyer Arun Jaitley, is understood to be scrutinising whether Gandhi violated any provisions of the Representation of People Act, 1950 by getting herself registered as a voter despite not being an Indian citizen then.

The BJP is also scrutinising Gandhi's enrolment as an Indian voter after she got her Indian citizenship in April, 1983: the cut-off date was January, 1983, so how could she have enrolled as a voter in April?

Whether Gandhi had renounced her Italian citizenship before she became an Indian citizen is also under investigation. If she had not, then her Indian citizenship was illegal, as dual citizenship is not permitted under the Constitution. In which case, she would have to apply for Indian citizenship afresh.

"Crucial details about the Congress chief's citizenship has not fully come to light," BJP officials said, "That's why we are contemplating the PIL."

RELATED REPORT:
EC refuses to consider Sonia issue without official complaint

EARLIER REPORT:
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