NEW DELHI: The Delhi High Court today dismissed two public interest litigations (PILs) by the Janata Party president, Subramaniam Swamy, seeking withdrawal of the Indian citizenship of the Congress president, Sonia Gandhi, and a CBI inquiry into the alleged running of a smuggling racket of Indian antiques.

The court dismissed Dr. Swamy's first plea that the Indian citizenship of Ms. Gandhi should be withdrawn as she and her family members had received financial favours from the KGB through an Indian company controlled by Ms. Gandhi and that the Indian Constitution did not make any provision with respect to acquisition of citizenship after its commencement or the termination of the same, a Division Bench comprising Justice B.C. Patel and Justice S.K. Kaul said: "In view of the inordinate delay in approaching the court without availing the remedy provided under the statute, it would not be proper for this court to entertain a petition."

Ms. Gandhi was granted citizenship in 1983 and the Supreme Court settled it in 2001. "It must be held that the respondent [Ms. Sonia Gandhi] by virtue of the certificate granted to her under Section 5 (1) (c) of the Citizenship Act, which certificate has not been cancelled, withdrawn or annulled till date, is `a citizen of India.' The petitions are filed nearly two decades after the grant of citizenship to the respondent," the Apex Court said.

However, Dr. Swamy opposed the judgement on the citizenship issue stating that he was not heard on his plea as the court had stated it would take up the matter separately for hearing later. Allowing his submission, the Bench gave him liberty to move a fresh application to agitate the issue. Later, Dr. Swamy told reporters that he would move an application.

Dismissing the second petition concerning the smuggling charge against the mother and sister of Ms. Gandhi, the Bench said: "In the instant case, it is clear from the petition itself that the matter was investigated and later the charge sheet was filed by the Chennai police as the acts were alleged to have been committed there, and, therefore, this court will have no jurisdiction to entertain the petition."

"If the petitioner has evidence with him, he can lodge a report with the police station where the offence is committed instead of approaching the High Court by filing a writ petition,'' the Bench observed.

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