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In response to my earlier message based on Appeal to Attorney General for India

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  • Milap Choraria
    In response to my earlier message, containing Appeal to the Office of Attorney General of India, I received two important messages, required to be answered.
    Message 1 of 1 , Apr 14, 2009
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      In response to my earlier message, containing Appeal to the Office of Attorney General of India, I received two important messages, required to be answered. The aforesaid earlier message can be seen at https://lists.riseup.net/www/arc/rti-times
      The messages and my replies are as under:
       
      (1) One Dr. Jasmer Singh raised a very importnat question about his a very pertinent doubt that once Smt. Sonia Gandhi (or even Shri Rahul Gandhi or Smt. Priyanka Vadhera), renounced their Italian Citizenship, does not mean that he or she has actually remained an Italian citizen during the intervening period. In fact, if a formal application has to be made for recovering Italian citizenship, that itself suggests that he or she, who has had to make the application,  has not remained an Italian citizen during the Intervening period.  
       
      My reply and I am calling to Smt. Sonia Gandhi to contradict it:
       

      Italian System of the Citizenship is a peculiar one. As per my knowledge, no such Citizenship law is exists in the entire world, except Italian Law of Citizenship. First of all any person for restoration of their Citizenship need not required to submit any formal application. “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 citizen has only transmitted citizenship to minor children since January, 1948 as a result of a ruling by the Constitution Court. Italian Citizenship is currently regulated by Law No. 91 of 5 December, 1992, which unlike the previous law, re-evalautes 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.” ,

       

      ART.13 of CITIZENSHIP LAW OF ITALY, clearly provides that a person if lost the citizenship, shall recover it, automatically, if he declares that he wants to recover it or he resides in the territory of the Republic of Italy , within one year from the declaration. No authority is empowered to restrict such declaration. Pursuant to ITALIAN LAW, a citizen of Italy , even holder of CITIZENSHIP of another country, is only Italian (particularly whenever they travels in Italy ), because in view of the (Italian) Law it is THE ITALIAN CITIZENSHIP that prevails over any other. Furthermore, the Italian law does not prohibit any individual from holding another PASSPORT issued by a Foreign Government / State. Such PASSPORT however is at any rate is 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. Smt. Sonia Gandhi admitted before the Presiding Officer for the Rai-Bareily Constituency that she had immovable property in Italy , so she or her children’s cannot travels in Italy without Italian Passport.

       

      Italian Constitution also provided 11 (5+6) Constituencies in the both Houses of Parliament under which Italian citizens residing abroad can effectively exercise their electoral right. Accordingly, Smt. Sonia Gandhi, Shri Rahul Gandhi and Smt. Priyanka Gandhi can exercise their Electoral (Political) Rights for Italian Parliament. These are very serious points of facts and are required to be adjudicated under Indian Evidence Act, according to implication of the observations made in the aforesaid Supreme Court Judgment in the Civil Appeal No. 4400 of 2000 (Hari Shankar Jain Appellant –Vs- Sonia Gandhi), particularly referred under paragraphs 23, 24, 25, 26, 27, 28, 29, 30, and 31 of the Judgment. Because, aforesaid facts are nowhere including in any Judgment of Supreme Court are adjudicated. Whereas these facts are evidently and clearly proves the allegiance of Smt. Sonia Gandhi, Shri Rahul Gandhi and Smt. Priyanka Gandhi to the Italian Constitution.    

       

      (2) Another person named Mr. Rajaram said that the tone and contents of your (my) mail reflect a bias. Moreover topics in this forum must be restricted to topics of public interest. Subjects such as allegiance of Sonia or Rahul to a particular constitution are subjective issues to be argued out by lawyers in courts and not in this forum. Let us keep the level of debate at a higher and dignified level.

      My reply:

      I have raised these issues in a Writ Petition filed before Delhi High Court, but under gratification from the Government, through appointments as Chief Justice of High Courts they dismiss my Writ Petition taking Judicial Notice of the Foreign Law, committing contempt of Supreme Court Ruling which was also repeated in the aforesaid Judgment. It could have been better, if Mr. Rajaram making his comments only after reading my message under above subject or could have visited my Website to read details facts posted by me: http://rtitimes.net      

      Milap Choraria

       

      TRUTH SHALL ALWAYS PREVAIL
      Milap Choraria 
      Editor: Suchna Ka Adhikar / RTI TIMES
      National Convenor :
      Movement for Accountability to Public (MAP)
      http://milapchoraria.tripod.com/msp http://rtitimes.net

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