Procedural Casulty Must be Avoided In the High Court
The recent proceedings before the Allahabad High Court in the alleged dual citizenship case against Rahul Gandhi offer a troubling reminder: in moments of urgency, it is often procedure that is sacrificed first—and with it, the legitimacy of the outcome. At the core lies a simple, non-negotiable rule: audi alteram partem —no one should be condemned unheard. Yet the initial direction to register an FIR appears to have been issued without hearing the person most affected. The Court’s subsequent recall of its own order was not just corrective; it was necessary. But the question lingers—how was such a lapse allowed to occur at all? Equally concerning is the route taken. After the trial court declined relief, the petitioner bypassed the statutory mechanism under the Code of Criminal Procedure, 1973 and moved the High Court directly. The Supreme Court of India has repeatedly cautioned against precisely this practice. High Courts are not meant to be first-stop forums for FIR...