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ShareNEW DELHI: Sonia Gandhi, who chairs the ruling UPA and heads the Congress, is caught again in a legal battle on her nationality. The case relates to the legitimacy of people of foreign origin, or naturalised citizens, holding high constitutional office in India.
On Monday, the Supreme Court heard an appeal against a Delhi high court judgment that had quashed the petitioner's objection to Gandhi holding public office in the country.
A bench of Chief Justice KG Balakrishnan and Justice RV Raveendran sought the response of the Centre and the Election Commission on a petition filed by the Rashtriya Mukti Morcha. Last year the high court had held that the issue raised by the RMM was devoid of merit.
Counsel PN Lekhi said: "Having got rid of foreign rulers, if the high court judgment is implemented, we will be allowing them (foreigners) to rule us through constitutional offices."
Justice Balakrishnan said: "For the time being, there is no constitutional prohibition against a person of foreign origin." But the judges said the court would examine the issues raised. The RMM had protested against Gandhi's position as president of a political party. The group said Gandhi, who hails from Italy, is not a citizen of the country within the meaning of Article 5 of the Constitution.
On that count, the group argued, she could not hold any public office or contest any election.
The RMM drew the court's attention to the President's invitation to Gandhi in 2004 to form the government at the Centre. Instead, she got Manmohan Singh elected as leader of the Congress Party in Parliament, and thus as Prime Minister.
In 2002, the SC had dismissed two election petitions challenging Gandhi's election to the Lok Sabha. In each case, the petitioners had raised the nationality issue.
"It must be held that 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the certificate granted to her under section 5(1)(c) of the Citizenship Act, which certificate has not been cancelled, withdrawn, or annulled till date, is a 'citizen of India'," said a bench headed by then Chief Justice AS Anand.
The bench also said the petitioners had never challenged the inclusion of Gandhi's name in the electoral roll almost two decades earlier.
According to Attorney-General Milon Banerjee, who appeared for Gandhi, she was granted Indian citizenship on April 30, 1983. Banerjee asserted that Gandhi is a citizen of India and there is no illegality in her enrolment in the 'electoral rolls'
