On 20th March, 2014, I submitted my representation to President of India, during my meeting with His Excellency at the Rashtrapati Bhawan, copy whereof is referred after my yahoo signature. Same was published by the Magazine: The Other Side: Editor Smt. Jaya Jaitely, in the Vol. 27. No. 04 April, 2014 at page 49-52 and can be seen in the website: 'theotherside.org.in'
In response to my RTI application the President Secretariat vide Memo Letter No. 0249/RTI/05/14-15 dated 3rd June, 2014 replied that the said "Petition dated 20th March, 2014 is under Submission."
TRUTH SHALL ALWAYS PREVAIL
Milap Choraria: National Convenor : Movement for Accountability to Public (MAP)
Websites: http://milapchoraria.tripod.com/msp / E-Mail: email@example.com
Dated the, 20thMarch, 2014
His Excellency Sri Pranab Mukherjee,
President of India,
Application under Article 103 of the Constitution of India to declare that Smt. Sonia Gandhi and Shri Rahul Gandhi are disqualified Members of the Loksabha, for acknowledgment of their allegiance to Foreign State (Constitution of Italy), under Article 102(1)(d) of the Constitution of India.
Your Excellency Sir,
It would not be out of context, if I am permitted to express my views regarding Your Excellency being the most competent person to hold the office of the Prime Minister of India, which was road blocked by some people, having their own vested interest ignoring the cause of larger national interest.
Sir, in past, I was compelled to flee from Kolkata, because of my stand not to compromise on certain principles. During the tenure of Shri Inder Kumar Gujral as Prime Minister of India, on or about on 15th August, 1997, under the leadership of Shri S. D. Sharma of Lajpat Bhawan and under the banner of Lok Sevak Sangh (which was constituted in collaboration with inspiration of Mahatma Gandhi), I sat on ‘Fast unto Death’, along with three other person including Shri S. D. Sharma of Lok Sevak Sangh and one renowned Sarvodayee Leader Shri Avadhesh Kumar, outside the Gate of the Lajpat Bhawan, New Delhi-110004, demanding a law for constitution of the ‘Lokpal’, and on the evening of 16th August, 1997, the aforesaid Fast was called off, on the message of assurance received from the then Prime Minister Shri Inder Kumar Gujral, through Shri Solee Sorbajee (renowned SC Lawyer), Shri Rajmohan Gandhi (Grand Son of Mahatma Gandhi), Justice (Retd.) Mr. Rajinder Sachhar and Shri Kuldip Nayar (well known Journalist), as they claimed to be the messenger of the Prime Minister in this context.
In 1996, I also submitted my suggestion to Parliamentary Standing Committee on the Lokpal Bill. All those suggestions, with my name, have been referred in the Report by the Parliamentary Standing Committee. After enactment of the Right to Information Act, 2005, I was duly acknowledged by Shri Arvind Kejriwal as a well known RTI Activist, thereby inviting and nominating me as a Member of the RTI Award Committee of ‘Privaratan’. On 20th March, 1997, considering the powers of Election Commission of India (ECI) as provided in the Articles 324 and 326 of the Constitution of India, I submitted an application and suggested to invite affidavits containing details of criminal cases pending against the intending candidates for Parliament and State Assemblies and according to ‘File Notings’ of ECI, the Letter/Notification No. 509/Disqln./97/J.S.-I/Vol.II dated 6th January 1998 asking thereby all the Chief Election Officer of the States to ask intending candidates to give affirmation in an Affidavit, containing the aforesaid details, based on my aforesaid suggestions. Subsequently two more items (Assets and Educations) were included in the said Affidavit.
Your Excellency Sir, according to Italian law any person even if he/she might have been born out of Italy from a spouse having Italian Citizenship, he/she is “Italian Citizen by birth”, and as such the ‘Italian Citizenship’ never can be renounced permanently, because such person can restore his/her such Italian Citizenship at any time, even if he/she might have renounced, within one year from the declaration to restore the Italian Citizenship and or within one year from his residing in Italy. Italian Constitution has also fixed some seats of Senate as well as of the House of Representatives of Italy, for Italian Citizens, residing abroad. According to aforesaid Italian Law, Smt. Sonia Gandhi and Sri Rahul Gandhi fall in the category of having ‘Acknowledgement of the allegiance to Italian Constitution’ and therefore, under Article 102(1)(d) of the Constitution of India they are liable to be declared disqualified for the Membership of the ‘Loksabha’.
In 2006, I had filed a Writ Petition C) No. 7790 of 2006 before Hon’ble Delhi High Court, which was dismissed in violation of the Supreme Court Ruling that ‘No Courts in India can take cognizance of foreign law’, and thereafter I also filed an Application dated 14th October, 2008, for according Sanction to prosecute the respective heads of the respective Bench of Hon’ble Delhi High Court, which is still pending.
Your Excellency Sir, only a person of Your Stature can understand the implications involved and take a free, fare and a sound decision in such a crucial issue inconsideration of safeguarding the cause of the larger interest of the Nation as well as the interest of the sanctity and proprietary of the Constitution.
Therefore, this is my humble prayer before Your Excellency Sir, to please direct the Ministry of Foreign Affairs to make a thorough Study of ‘Italian Law’ and submit a Report before Your Excellency to enable Your Excellency to seek further the opinion from the Election Commission of India and accordingly to take a final decision on this application under Article 103 of the Constitution about the issue of disqualification of the Membership of Smt. Sonia Gandhi and Shri Rahul Gandhi.
Thanking your good-self and with respectful regards,
Here I am placing some points relating to Italian Law, which can be verified by the Ministry of Foreign Affairs to prepare its Report, after making a thorough study of Italian Law, for taking an appropriate decision by Your Excellency Sir.
Art 1. of Citizenship Law of Italy: “Citizen by birth is: a) the child of a father or a mother, who are Italian citizens.”
(According to which Sri Rahul Gandhi is “Italian Citizen by Birth”, since when he born in India, his mother admittedly was an Italian Citizen.)
Under ART.13 of the Citizenship Law of Italy, renounced Italian Citizenship can be recovered automatically.
(Under the Italian Citizenship Law, renounced Italian Citizen can recover his Italian Citizenship automatically at any time, within one year from his/her declaration to restore it and to start to reside in Italy, without any Administrative obstructions, unless he/she not declared as State Enemy of Italy.)
Related Provision of Italian Citizenship Law:-
Art. 13 : 1. “He who lost the citizenship shall recover it:”
c) “if he declares he wants to recover it and he resided or he resides in the territory of the Republic, within one year from the declaration, except “who lost the Italian citizenship according to art.3, comma 3 and art.12, comma 2;”
d) “after one year from the establishment of the residence in the territory of the Republic, unless he express renounced within the same term;”
In view of the aforesaid legal position Shri Rahul Gandhi is entitled to recover his Italian Citizenship (by birth) automatically, within one year from his declaration, as and when he so desire, and start to residing in Italy.
The aforesaid legal position of the Italian law is also endorsed by some Embassies too or the Offices of their Consulate Generals. The documents which I have downloaded in 2006 from the website of Italian Consulate General in Chicago and under amended Indian Evidence Act, aforesaid document are liable to be treated as authentic evidence, unless proved as untrue, which described the Citizenship law of Italy in the following manner:
“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.”
“FURTHERMORE, THE LAW DOES NOT PROHIBIT THE INDIVIDUAL FROM HOLDING ANOTHER PASSPORT ISSUED BY A FOREIGN GOVERNMENT/STATE. SUCH PASSPORT HOWEVER IS AT ANY RATE 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 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.”
Pursuant to Italian law, Indian Passport of Smt. Sonia Gandhi and Shri Rahul Gandhi are irrelevant whenever they travel in Italy, rather they are bound to carry Italian passport. As per News Item published in various Newspapers, including Times of India, Delhi Edition dated 19th February, 2014, Shri Rahul Gandhi have studied in Cambridge under his name as Raul Vinci, creating serious doubts that he might have another passport with his said name to use it as and when he travels in Italy.
Several Italian Embassies also publishing the information under the subject: “Citizenship”, in their respective websites and made answers in response to respective questions.
Q. “Residents with Italian citizenship, that are born abroad and never had an Italian passport, can ask for it in every moment?”
A. “Yes, if the birth is already recorded in the Vital Record Registry of an Italian Comune. Otherwise it is necessary to record the act of birth.”.
Q. “I married an Italian citizen. Am I entitled to Italian citizenship?”.
A. “If your marriage was celebrated before April 26 1983, the foreign wife automatically acquired husband’s Italian citizenship. In case of marriages celebrated after April 26 1983, both husband and wife may acquire Italian citizenship after six months of marriage if the couple resides in Italy and after three years if they reside abroad. In both cases this documented naturalization application should be submitted. It is a case of NATURALIZATION APPLICATION that can be filed, also from abroad, by a foreign citizen who married an Italian citizen, supplying the necessary documents provided from the Law. This naturalization is conferred by Ministry of Interior in Rome after about two years since the necessary documents were forwarded. The spouse can submit this application only since the marriage has been registered in Italy.”. (Accordingly even Shri Rajiv Gandhi too was entitled to get naturalized Italian Citizenship, provided he complied the respective formalities)
Q. “I became an American citizen after August 16 1992. Did I lose my Italian citizenship?,
A. “No. You can send to the Consulate a copy of certificate of naturalization.”.
Italian Consulate General’s Office in UK also posted the following information in its Website:
“RE-ACQUISITION OF LOST ITALIAN CITIZENSHIP”
“Since 16 August 1992 if you acquire another citizenship you do no lose your Italian citizenship.”
“However, Italian nationals born in Italy who were naturalised British before 16th August 1992 have lost their Italian citizenship. They can however re-acquire it, and still retain their British citizenship, by going to live and reside in Italy” (a list of documents referred).
“HOW TO RE-ACQUIRE ITALIAN CITIZENSHIP LOST FOLLOWING NATURALISATION AS A BRITISH CITIZEN.
Italian nationals born in Italy who were naturalised British before 16th August 1992 have lost their Italian citizenship. They can however re-acquire it, and still retain their British citizenship, by going to live and reside in Italy.
They may re-acquire Italian citizenship:
After having resided in Italy for one year by signing a declaration:”(and to make some formalities compliance)
Under Italian Constitution Shri Rahul Gandhi, Smt. Sonia Gandhi are entitled to Vote for “The House of Representatives” and for “The Senate” of Italy.
The respective provisions provided by Italian Constitution:
“Title IV Political Rights:
Article 48 [Voting Rights] (3): “The law defines the conditions under which the citizens residing abroad effectively exercise their electoral right. To this end, a constituency of ‘Italians Abroad’ is established for the election of the Chambers, to which a fixed number of seats is assigned by constitutional law in accordance with criteria determined by law.”
Article 56 [The House of Representatives]
(2) The number of representatives is six hundred and thirty, of which twelve are elected by the constituency of italians abroad.
Article 57 [The Senate]
(2) Three hundred and fifteen senators are elected, of which six are elected by the constituency of italians abroad.
In the year of 2006, I filed Writ Petition (C) No. 7790 of 2006 of Delhi High Court and time to time served Notices upon Smt. Sonia Gandhi and Shri Rahul Gandhi, but they declined to defend the case thus not filed Vakalatnama in the matter. In my views they not filed the Vakalatnama, because they were fully aware that Senior Law Officers of the Government of India will protect their (illegal) interests/rights, since they consider Nehru-Gandhi dynastic democracy as a private matter of their family