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Election Issue (4): Whether NCP will accept Prime Ministership of a person?

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  • Milap Choraria
    Shri Sharad Pawar, President, National Congress Party (NCP) New Delhi Respected Sir, In the Website of your Party : National Congress Party, under Page:
    Message 1 of 1 , Mar 1, 2009
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      Shri Sharad Pawar,

      President,

      National Congress Party (NCP)

      New Delhi

       

      Respected Sir,

       

      In the Website of your Party : National Congress Party, under Page: "Origin of the NCP", under paragraph heading of `Formation of the Party': interalia mentioned that "25th May 1999 is the Red Letter Day for the country. It was on that day Nationalist leaders Shri Sharad Pawar, Shri Tariq Anwar and hundreds of their political supporters assembled at No.6, Gurudwara Rakab Ganj Road, New Delhi and took the historic decision to form a new Political Party under the name 'Nationalist Congress Party'. Shri Sharad Pawar was elected President and Shri Tariq Anwar, General Secretary of that party."

      "The issue raised by Shri Sharad Pawar and Shri Tariq Anwar that no person of foreign origin shall adorn the highest seats of power like the President of India, Prime Minister, Chief Justice, Chief of Army or Election Commission of our country, though turned down by the coteries that managed the Congress (I) soon it became evidently clear that they only echoed the thinking of the people, whose ancestors with throbbing spirit of nationalism and craze for democracy and equality had sacrificed even their lives in their fight against slavery, political, social and economic. Hundreds of leaders and thousands of workers of Congress all over the country came forward to strengthen the hands of the national leaders and to take up the party organisation work.".

       

      I have down loaded 3 pages of aforesaid statement, which contained a commitment towards to Proprietary of the Constitution of India. I hope that Leaders like Shri Sharad Pawar and Shri Tariq Anwar and their Political Party NCP, would not go from such commitment, by accepting the UPA leadership under Smt. Sonia Gandhi as the Prime Minister.     

       

      Sir, through this message, I want to know that what is policy of your party about Smt. Sonia Gandhi and Shri Rahul Gandhi, when acknowledgement of their allegiance to the Constitution of Italy or State of Italy are irrevocably and permanently prevails, thus under Article 102 of the Constitution they are liable to be disqualified as Member of Parliament of India. Details facts and respective documents are posted in the following Website: http://rtitimes.net/SoniaGandhi    

       

      Smt. Sonia Gandhi and Shri Rahul Gandhi, for political gains and to control the reins of the powers, knowing fully hiding the important Facts, regarding their irrevocably, permanent prevailed allegiance to the Constitution of Italy or State of Italy. Detail facts covering the Constitution of Italy, Citizenship Law of Italy, both in Italian Language collected by me from the Website of the Italian Government, whereas English translation made by Italian experts, which are legally acceptable "Opinions of Experts" under Section 45 of Indian Evidence Act, 1872, till not proved otherwise, are also collected, since English translated version of Citizenship Law of Italy and Constitution of Italy fully corroborated and supported the version posted in the Websites of the Several Italian Embassies.

       

      FOR INSTANCES, LEGAL POSITION OF ITALIAN LAW WAS DESCRIBED BY VARIOUS ITALIAN EMBASIES/ CONSULATES:-       

      Some extracts regarding "Italian Citizenship", were downloaded and printed from the Websites of Italian Embassies, from different countries, photocopies of the same are posted at http://rtitimes.net/ItalianEmbasies

       

      "CITIZENSHIP

      Italian citizenship is based on the principal of ius sanguinis (blood right) by which a child born of an Italian father or mother is Italian; nevertheless, it must be kept in mind that the mother citizens has only transmitted citizenship to minor children since January 1st 1948, as a result of a ruling by the Constitutional Court. Italian citizenship is currently regulated by Law No. 91 of 5 December, 1992, which unlike the previous law, re-evaluates the importance of individual desire in the gain or loss of citizenship and acknowledges the right to hold citizenship in more than one country, except in the case of the various provisions of international agreements."

       

      "GETTING ITALIAN CITIZENSHIP BACK ONCE LOST

      Italian citizenship can be reinstated once it is lost: Automatically One year from the date in which residence is established in Italy, except in the case of renunciation within that same period."

          

      It is also mentioned in some of the Website of Italian Embaies: that "THE ITALIAN ADMINISTRATIVE AND LEGAL SYSTEMS DO NOT FORBED A PERSON FROM HOLDING DUAL CITIZENSHIP. AT THE SAME TIME, ALL REGULATIONS PERTAINING TO THIS SUBJECT MATTER MAKE IT VERY CLEAR THAT THE MERE FACT THAT ONE HOLDS ANOTHER CITIZENSHIP DOES NOT EXEMPT THE INDIVIDUAL FROM ABIDING BY THE ITALIAN LAWS." And further mentioned that "PURSUANT TO ITALIAN LAW, A CITIZEN OF ITALY, EVEN IF HOLDER OF ANOTHER CITIZENSHIP IS ONLY ITALIAN, BECAUSE IN VIEW OF THE LAW IT IS THE ITALIAN CITIZENSHIP THAT PREVAILS OVER ANY OTHER." and that "FURTHERMORE, THE LAW DOES NOT PROHIBIT THE INDIVIDUAL FROM HOLDING ANOTHER PASSPORT ISSUED BY A FOREIGN GOVERNMENT/STATE. SUCH PASSPORT HOWEVER IS AT RATE IRRELAVANT IN FRONT OF THE ITALIAN AUTHORITIES, AS A SITUATION OF DOUBLE OR MULTIPLE STATUS CANNOT BE INVOKED BY A PERSON TO SUBTRACT HIMSELF FROM RESPECTING FULLY ITALIAN LAWS, WHICH INTER ALIA, PUNISHES THE ITALIAN CITIZEN WHO TRAVELS ACROSS ITALIAN BORDERS WITHOUT THE ITALIAN PASSPORT, UNDER ANY CIRCUMSTANCES, EVEN TO RESIDE IN A FOREIGN COUNTRY." 

       

      During the last election for the Loksabha, Smt. Sonia Gandhi submitted a declaration that she had a moveable Property in Italy, it means according to aforesaid Italian Law, whenever she or her son Rahul Gandhi or daughter Smt. Priyanka Gandhi, travels in Italy, their Indian Passports are irrelevant in front of the Italian Authorities, as a situation of double or multiple status cannot be invoked by a person to subtract himself from respecting fully Italian laws, which interalia, punishes the Italian Citizen who travels across Italian Borders without the Italian Passport, under any circumstances, even to reside in a foreign country.

      According to Dr. Subramanium Swami, reportedly, the then President Dr. APJ Kalam, told to Smt. Sonia Gandhi that if she insisted on being invited to form the government, he would want first to clarify, on a reference to the Supreme Court, whether her appointment as PM could be successfully challenged in the court. The issue regarding their allegiance to Constitution of Italy or State of Italy was not adjudicated by the Supreme Court in Appeal (civil) No. 4400 of 2000, since Election Petitioner(s) including one Hari Shanker Jain were failed to refer or produce any documentary evidence in support of their claim, regarding Italian Law. Nor it was an issue before the Delhi High Court in WP (C) No. 2960/1999 and CM 9837/2005, filed by Rashtariya Mukti Morcha.

       

      I filed a Writ Petition in compliance with the observations made in Supreme Court Judgment in Appeal (civil) No. 4400 of 2000, (Hari Shanker Jain Vs- Sonia Gandhi), with the supporting evidence of Italian Law being proof of the fact that the Citizenship of both Smt. Sonia Gandhi and Shri Rahul Gandhi are always kept on `put-on-hold' for automatically restoration, by themselves, as and when they so decides or desires, without any administrative interference, thus their Italian Citizenship never can be revoked permanently, resulting thereby their permanent allegiance to Italian Constitution. Time again Supreme Court has made law that `No Courts in India can take Judicial Notice of a Foreign Law', which also repeated in the said Judgment in Appeal (civil) No. 4400 of 2000: (Hari Shanker Jain Vs- Sonia Gandhi). Against aforesaid Ruling of Supreme Court, but by committing the serious contempt of the Supreme Court, respective Hon'ble Justices of Delhi High Court, under gratification and connivance, dismissed my aforesaid Writ Petition and imposed penalty of Rs.10,000/- upon me. Connivance is evident from the very fact that even after repeated Notices by me to both Smt. Sonia Gandhi and Shri Rahul Gandhi, through which I served upon them, the copies of respective Petitions and documentary evidences of their permanent allegiance to the Constitution of Italy, filed before High Court, both Smt. Sonia Gandhi and Shri Rahul Gandhi not appointed any Advocate, not they appeared personally, since they were fully aware that Government's Additional Solicitor General of India Mr. Gopal Subramanium is managing the whole matter, from behind the scene. However, under gratification, Justice Vijendra Jain was appointed as Chief Justice of Punjab and Haryana High Court and Justice Swatantra Kumar as Chief Justice of Mumbai High Court. Once again I submits and say that Smt. Sonia Gandhi alias Soniya Gandhi and her son Shri Rahul Gandhi or even her Daughter Smt. Priyanka Gandhi (if she contest and get elected) are undoubtedly liable to be disqualified from the Membership of the Indian Parliament, under article 102(1)(d) of the Constitution of India, by the President of India, after taking opinion of the Election Commission of India, under Article 103 (2) of the Constitution of India, since they are always under acknowledgment of allegiance or adherence to a foreign State i. e Italy, which undoubtedly prevails permanently, unequivocally and irrevocably under the Constitution of Italy and Citizenship Law of Italy, even if they renounce their Citizenship of Italy, they cannot renounce their "Permanent Right to Citizenship of Italy", under which Italian Citizenship is always automatically recoverable, at any time, on the expiry of one year, from the date of their suo-moto declaration, without any administrative orders, as I have fully described in my application dated 14th October, 2008, which is also posted at http://rtitimes.net/blacksheeps-1 /, addressed to the Her Excellency President of India Smt. Pratibha Devisingh Patil, and Hon'ble Chief Justice of India Mr. K. G. Balakrishanan, for previous sanction to prosecute Mr. Justice Vijendra Jain, the then Acting Chief Justice of Delhi High Court and Mr. Justice Swatantra Kumar the then Judge in Delhi High Court. However, I am ready for any eventuality, including killing by Political Hooligans or in Jail under misuse of the powers, since whatever I am mentioning is in the National interests.

      Although Election Commission suggested me to submit formal compalint in consideration of Article 102 of the Constitution of India, before President of India. Since Her Excellncy President of India Smt. Pratibha Devisingh Patil, initially was nominee of Smt. Sonia Gandhi for the election to the Office of the President and reportedly Shri Naveen Chawla is also her supporter. So I will file such complaint, only after satisfying that they will perform their constitutional functions without any bias, whatsoever.   

       

      Smt. Sonia Gandhi and Shri Rahul Gandhi having in their list, larger number of Legal Luminaries including renowned Supreme Court Lawyer Shri Manu Abhishek Singhvi, to know true legal procedures of USA, but reasons are not clear why they avoided to file defamation Suits by them-own-self, in USA Court(s), with regards to an Full Page Advertisement published by some NRIs in the New York Times dated October 6, 2007, Photocopy of the advertisement and extracts from the same are posted at: http://rtitimes.net/truth in which very serious allegations against both Smt. Sonia Gandhi and Shri Rahul Gandhi, were levelled. Resultantly, till now three Defamation Suits filed by USA Branch of Indian National Congress incoportaed in USA as Non-profit Organisation, were dismissed or withdrawn by or from the USA Courts.  

       

      I can just hope that you and your party NCP not belongs to power mongers and that aforesaid commitments (in Website) of your party was not made under any political game plan. Therefore, your party must come out with the clear political declaration about aforesaid "Socalled Indian Citizens", namely Smt. Sonia Gandhi, Shri Rahul Gandhi and Smt. Priyanka Gandhi, whose allegiance to the Constitution of Italy never can be revoked, in terms of the Italian Law. However, for kind Information, under Italian law, a chilled born of Italian mother is also Italian Citizen by Birth, thus cannot revoke their allegiance to the Constitution of Italy. 

       

      With Best Regards,

      Milap Choraria

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