New Delhi, May 17: Even before Sonia Gandhi has formally met A.P.J. Abdul Kalam, a public interest litigation has been moved in the Supreme Court seeking to restrain the President from swearing her in as Prime Minister.

Lucknow-based lawyer Ashok Pandey has moved the apex court, arguing that it is not in the country’s interests to have her handle “secret files” as Prime Minister since she is a “foreigner”.

The plea is yet to be taken up for hearing since the Supreme Court is scheduled to reopen only in the first week of July after a two-month summer break. Pandey, who is also chairman of the Global Human Rights Organisation and the Rashtra Raksha Manch, said he would make an “urgent mention” before the vacation court.

The petition argues it would be “dangerous to pass on (the) country’s secrets including nuclear installations” to a “foreigner” for Sonia would have access to the most secret of files, which are not made available even to the defence minister and the three armed forces chiefs.

Pandey said “Antonia Maino, alias Sonia Gandhi, an Indian-registered citizen of foreign origin” should not be allowed to become Premier, adding that he had moved court to “protect the independence of the country”.

“Ms Gandhi has been elected leader of the Congress Parliamentary Party and she is likely to stake her claim to form the government and her appointment as Prime Minister would not be in the interest of the national independence, sovereignty and security,” Pandey said.

“In view of the above situation — of a person of foreign origin likely to become the Prime Minister— security threat to the country has arisen and it should be the duty of the President to proclaim an emergency under Article 352 of the Constitution,” the petitioner added.