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Indian Dynastic Democracy

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Is India a “Dynastic Democracy” ? : (2)

 

India is faced with a terrible situation, created because of the “Proxy War”, being carried out by Pakistan, through its Terrorist Front Orgnaisations. At this juncture India ought to have stood as a One Nation united with solidarity and firmness prepared to take strong steps against Pakistan, since Pakistan is whole-sole fully responsible for allowing the Terrorist Activities to be used from Pakistan’s Land against India. Whereas on the one hand even at this critical juncture of such a terrible situation, the Government Machinery is actively involved in an effort to equalise Smt. Sonia Gandhi with that of Mahatma Gandhi, at the very heavy cost of the Exchequer vis-a-vis the tax payer’s money. On the other hand, taking advantage of a weak leadership, Mr. A R Antuly, though a Cabinet Minister had no scrupules to make an anti-national statement, by raising doubts by a conspiracy theory behind murder of Mr. Karkare, thus not only strengthening the very hands of Pakistan, but in a manner giving it an upper hand.

 

Recently, a full page advertisement, with the following contents, was published in the Newspapers including Times of India, Delhi Edition, dated 13th December, 2008, by the Ministry of Information and Broadcasting, Government of India:-

LAND OF GANDHI CANNOT BE OVERWHELMED

No Force is Strong Enough to Challenge the Idea of India

Photo of

Smt. Sonia Gandhi

Photo of

Dr. Manmohan Singh

Smt. Sonia Gandhi

‘Hon’ble Chairperson United Progressive Alliance

Dr. Manmohan Singh

Hon’ble Prime Minister

The Mumbai Terror Attack was an Audacious Assault

On India’s Prestige and an Affront to its People

 

Ministry of Information and Broadcasting, Government of India

 

INDIA SPEAKS IN ONE VOICE TO ISOLATE AND DEFEAT TERROR

 

In the entire advertisement, the word “Gandhi” is mentioned at two places. At one place, the word Gandhi is used as the Land of Gandhi and at another place, it used as “Smt. Sonia Gandhi”. In the Four Corners of the entire advertisement, name or photo of Mahatma Gandhi was not seen. This simply suggests that some political game plan of the Ministry of Information and Broadcasting is working behind it, to equalize Smt. Sonia Gandhi with the “Father of the Nation Mahatma Gandhi”, by misusing the control of the reins of the powers, and at the heavy cost of India’s Revenue Exchequer. This is not the first such attempt. In the year of 2007, United Nations’ Organisation (UN) declared Mahatma Gandhi’s Birth day on 2nd October, as the International Non-violence Day. Smt. Sonia Gandhi neither representing the “Gandhian Values”, nor heading the Government nor the State, but by misusing the control over the reins of powers of the Prime Minister and misusing her name tagged with the word ‘Gandhi’, Smt. Sonia Gandhi, decided to represent on that occasion in the UN, giving a wrong message to the whole world community, that she is representing ‘Mahatma Gandhi’. As against her this aforesaid attempt, another full page advertisement was published in the leading Newspaper of USA : “New York Times” dated 6th October, 2007. The said advertisement the brought out to highlight that on 2nd October, 2007, about 500 Indians gathered and protested outside the UN, against Smt. Sonia Gandhi’s aforesaid doings. In the aforesaid advertisement of the New York Times, various serious charges against Smt. Sonia Gandhi and Shri Rahul Gandhi were also leveled.

 

In fact, through the aforesaid advertisement of Times of India, published on 13th December, 2008, Government of India tried to impress that UPA Chairperson and Congress President Smt. Sonia Gandhi is above the Constitution, that is why, Ministry of Information and Broadcasting, Government of India, without name and photo of Mahatma Gandhi claimed that India is ‘Land of Gandhi’, to send a message that this Land is of Smt. Sonia Gandhi (alone).

 

However, after Mumbai attack, UPA Chairperson and Congress President Smt. Sonia Gandhi made an Appeal that “our 1st task is to restore faith of people.” Now the question arises that in view of her effort to keep the entire nation in dark, about her allegiance to the Italian Constitution, where this pronouncement fits in. At one point of time Shri Lal Bahadur Shastriji made an Appeal for skipping one time meal by way of fasting in a week for the sake of the country, which was overwhelmingly responded by all sections of the society. It is a sad augury that with or without her knowledge, all the concened respective public authorities, having misused their official positions, engaged themselves to keep the relevant information, under raps as a secret COVERT, by refusing not to disclose the respective Information, by misinterpreting the provisions of the RTI Act, 2005. Therefore, under such circumstances, how can she hope to expect that being a citizen of India, I can repose my faith in her leadership, since reposing of faith in her leadership depends upon the heartfelt feelings, based on the integrity, honesty and loyalty to the constitutional provisions and laws of the land. Similarly other Citizens, who are not biased for any reason in favour of Smt. Sonia Gandhi and Shri Rahul Gandhi, before reposing their faith might also want to know the true facts, about their honesty about their allegiance to the Constitution of Italy. On another day, the Prime Minister Dr. Manmohan Singh also says that "I am a politician only by accident. Teaching is my first love.” With reference to Mumbai attacks he says that 'NO BODY WOULD BE SPARED'. There is no doubt that individually, Dr. Manmohan Singh is a decent, honest, sincere and scholarly person, but that does not mean that he is equally and honest political administrator? Otherwise, he must not have accepted his nomination as Prime Minister of India, nominated/assigned by Smt. Sonia Gandhi. This is the reason that Afzal Guru has not been put on the scale of justice, till date.    

 

Smt. Sonia Gandhi has been playing the game of hide and seek by hiding the fact from the Indian Citizenry, regarding the legality of the impact of being an ‘Italian Citizen by Birth’, upon herself and Shri Rahul Gandhi, since under the Italian law they never can renounce their “Right to Citizenship of Italy”, as it undoubtedly prevails permanently, irrevocably, unequivocally and forever, and even if they might have renounced their Citizenship of Italy, it is always recoverable at any time even in remote future, on the expiry of one year from the date of their declaration to the effect in the prescribed manner. Thus, the so-called renouncement is always and permanently only temporary in character and nature and never final and irrevocable. Therefore, their Italian Citizenship prevails on hold, till they decide to recover it, by using their absolute right to recover it, guaranteed under the Constitution of Italy and Citizenship Law of Italy. Therefore, only after hiding such facts, they solemnly affirm (or swear) to bear true faith and allegiance to the Constitution of India under Article 84(A) and / or Article 99 of the Constitution of India, violating the provision of Article 102(1)(d) of the Constitution of India, since their allegiance to a foreign State (ITALY) acknowledged and prevails permanently, unequivocally and irrevocably under the Constitution of Italy and Citizenship Law of Italy.      

 

After the General Election for the 14th Loksabha, Congress Parliamentary Party elected Smt. Sonia Gandhi, as its leader, not Dr. Manmohan Singh. The Constitution of India also does nowhere empowers anybody to assign her/his election in favour of any other person. Whereas, she had to do so, under the compulsion of specific situation, as it is reported that she was restrained from oath taking by the then President of India, His Excellency Dr. A. P. J. Kalam. I am still trying my best to establish the authenticity of this report. However, in this connection, some extracts from the message of Dr. Subramanium Swamy, are very much relevant. He says:-

         It is fair to assume that this report of the President's decision is correct since the President had before him my petition dated May 15, 2004 making just that point--- that Ms. Gandhi's citizenship is conditional, and in particular she cannot be the PM legally. The President had also given me an appointment at 12.45 PM on May 17, 2004 to explain my submissions in person, which I did. I also told him that I would challenge such a constitutional appointment in the Supreme Court just as I had in 2001 when the Tamil Nadu Governor illegally swore in Ms Jayalalitha as Chief Minister.”

                     Manmohan Singh is a decent and scholarly person, but in driving the Maino clan out of India. It will however not be long before Sonia will give Manmohan Singh marching orders, and he will march out meekly. We should not expect him to resist. 

                     Patriotic Indians should thank the President of India (Dr. APJ Kalam) for having the courage (for which he pays the cost, as he was not allowed second term of the Presidency) by citing a legal hitch to dissuade Ms. Sonia Gandhi from staking her claim to form the government in May this (2004) year. She therefore did not as expected on May 17th, 2004, become the Prime Minister of 1 billion plus people of India. It can now be said that the nation has been saved from a monumental, devastating, and permanent injury to India's national interest and patriotic psyche of Indians. And therefore every effort that can be made in a democracy should be made to ensure that Ms. Sonia Gandhi is permanently out of reckoning for any public office.

 

In 1991, Dr. Manmohan Singh was appointed as Finance Minister of India, as it was the exclusive prerogative of the then Prime Minister Shri Narsimha Rao, to appoint him as a cabinet Minister. But, under the Indian Constitution, Prime Minister must be the (actual) leader of Parliament, in the first place, not depending upon any other leader. When Dr. Manmohan Singh was nominated by Smt. Sonia Gandhi for the office of the Prime Minister of India, he was nowhere the leader of the Parliament. Since, he is nominated by Smt. Sonia Gandhi, he is always obliged to take approval, for all the important decisions, from Smt. Sonia Gandhi. For instance, I must refer one example with regard to one important appointment, which prima-faciely may justify my accusation. Between June 1982 and September, 1987, Mr. Wajahat Habibullah, IAS, was Director and then Joint Secretary in the Prime Minister's Office, New Delhi. Even after assassination of Prime Minister Smt. Indira Gandhi (October 1985), he continued to be in the Prime Minister’s Office, with the new Prime Minister Shri Rajiv Gandhi. He used to accompany the Prime Ministers, on tours of different parts in India. It is a well known fact that in almost all such tours, Prime Minister Shri Rajiv Gandhi, was accompanied by his wife Smt. Sonia Gandhi. Thus, Mr. Wajahat Habibullah could have full personal acquaintance with Smt. Sonia Gandhi, as well. In response to my application under Section 6(1) of the Right to Information Act, 2005, dated 10th December, 2007, after about one year and after repeated reminders, through Memo Letter No. F. No. 29018/8/2008-AIS-II dated 3rd December, 2008, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, New Delhi supplied half information replying that “Every effort has been made to locate file/records relating deputation of Shri Wajahat Habibullah as Secretary of Rajiv Gandhi Foundation under Rule 6(2)(ii) of the IAS (Cadre) Rules, 1954, but these could not be traced. It has, however, been verified from the Executive Record of Shri Wajahat Habibullah that during the period October, 1991 to June, 1993, he was on central deputation and posted in the Cabinet Secretariat, New Delhi.”

 

After the assassination of the former Prime Minister Shri Rajiv Gandhi, during the period of October, 1991 and July 1993, Mr. Wajahat Habibullah, performed his duty as Secretary of Rajiv Gandhi Foundation, being a Trust Constituted by Smt. Sonia Gandhi, thus directly worked under her. A question is still unanswered that whether for such period Mr. Wajahat Habibullah, received salary and other perks from Rajiv Gandhi Foundation or from Cabinet Secretariat. However, this fact suggests that personal acquaintance of Smt. Sonia Gandhi helped in the appointment of Mr. Wajahat Habibullah, as the First Chief Information Commissioner of Central Information Commission.  

 

There is no doubt about the honesty and sincerity of Mr. Wajahat Habibullah, but he is also a human being. At-least he might feel obliged in his heart of hear by responding for the favour he got by getting the appointment as the First Chief Information Commissioner. Prima-faciely this appears from one of my RTI case, relating to the President’s Secretariat, the disclosure of which could have directly affected the faith of the people, caused and created through wrong message spread over the entire nation creating a climate of impression that in the nation’s larger interest, Smt. Sonia Gandhi has sacrificed the Office of the Prime Minister.

In fact, on 17th May, 2004, at about 10.00 am, I sent a Fax Message to the then President of India, His Excellency Dr. A. P. J. Kalam, giving reference of Smt. Sonia Gandhi’s Italian Citizenship and opposed her claim to be invited to form a new Government. After enactment of the Right to Information Act, 2005, I sought information about the action taken by His Excellency President of India on my aforesaid Fax Message. President’s Secretariat replied that my aforesaid Fax Message was duly considered by His Excellency the President of India. As this was only half the Information that was sought, the matter finally reached the Court of Hon’ble Chief Information Commissioner Mr. Wajahat Habibullah, and he illegally invited/inferred the illegal interpretation from the “PREAMBLE” of the Right to Information Act, 2005, contrary to the world wide settled principal of the jurisprudence that the “Preamble cannot be part of the Law but it may be used only to interpret ambiguous areas of the law where differing interpretations present themselves. The Preamble is useful as an interpretive tool only if there is an ambiguity in the provision itself and should not be treated as a rights bestowing part of the law.”, and under his aforesaid bias in favour of Smt. Sonia Gandhi, he passed an illegal Order, denying me the requisitioned Information. During the hearing, the President Secretariat also sought exemption on the alleged ground of the alleged opinion given by Attorney General of India Mr. Milon Banerjea to deny me the Information sought that what action actually were taken by the His Excellency the President of India and what correspondence were made between the then His Excellency President of India Dr. APJ Kalam and Smt. Sonia Gandhi at the material time.  

However, most surprisingly all the public authorities including President’s Secretariat are misusing their powers and abusing their authorities, engaged in hiding the true facts relating to Smt. Sonia Gandhi and her allegiance to the Constitution of Italy. As such, when I submitted another application for the copy of the aforesaid alleged opinion given by Attorney General of India Mr. Milon Banerjea, considering Mr. Milon Banerjea, as Attorney General of India, not as Personal Attorney of Smt. Sonia Gandhi, but disclosure was also refused to me by the President Secretariat claiming that the aforesaid opinion was qualified by the Ministry of Law and Justice as “Confidential”. 

Thereafter, I submitted another application for the file noting regarding the decision process of the Ministry of Law and Justice, through which aforesaid opinion given by the Attorney General of India Mr. Milon Banerjea, was qualified as “Confidential”. But, the Ministry of Law and Justice also denied this Information too on the alleged pretext that opinion given by the Attorney General of India Mr. Milon Banerjea was exempted under fiduciary relationship, claiming that opinion was given by an Advocate to his client. Such refusal was under criminal connivance, ignoring the important fact that Attorney General of India is a Constitutional Authority and his clients are none other than citizenry of India, which is represented only by the Government of India. Therefore, if any fiduciary relationship actually exits, in this case, the same is between the citizenry of India and its Attorney General. I filed a Complaint before the Central Information Commission against the aforesaid refusal, posted through Speed Post NO. SP ED 390323274 IN dated 21/05/2008, but the same is untraceable, in the Central Information Commission, till date.            

Government of India, through replies in response to my various applications, under RTI Act, appears to be working hard to keep everything under wraps regarding Smt. Sonia Gandhi and Shri Rahul Gandhi. That is why, till date, Government is not ready to disclose whether Shri Rahul Gandhi was detained or not by FBI with large unaccounted cash at Boston Airport in 2001, and which Department / Ministry is   responsible to investigate / enquire such matters and other matters regarding black money received by any Indian from the Foreign States and deposited in the foreign Banks?  

Under Section 6 of the Right to Information Act, 2005, I submitted application dated 28th October, 2008, to the Central Public Information Officer, Prime Minister’s Office, mentioning therein that A full page advertisement was published on 6th October, 2007, in the New York Times, (photocopy was enclosed therewith), interalia with the very serious allegation that Shri Rajiv Gandhi, the husband of Smt. Sonia Gandhi, is alleged to have received payments from KGB. According to Schweizer, Illustrierte, Rajiv has a secret Swiss Bank account of 2 billion dollars. Her son Shri Rahul Gandhi, who is now projected (by Congress Party), as future Prime Minister of India, was detained by FBI with large unaccounted cash at Boston Airport in 2001. (Swiss magazine Schweizer, Illustrierte 11/1991, Indo Asian News Service.” I further contended that the matter is very serious and is concerned relating to a situation wherein the prestige of the Country, is likely to be compromised in public esteem all over the World. Once, the then Congress President Late Mr. Barua, said Indira is India. Whereas, India has never been Indira, hence, we have seen the result. Now, people are busy to establish that Sonia Gandhi is the Congress Party, as evident from the action taken by Indian National Overseas Congress (INOC), a surrogate arm of the Indian National Congress in USA, by filing a $100 million libel lawsuit in the New York Supreme Court against two Indian Americans, Narain Kataria and Arish Sahani for allegedly defaming the Congress Party President, Sonia Gandhi, through the aforesaid advertisement against her in The New York Times. Mr. Surinder Malhotra, who as president of INOC had moved the court, later on had to withdraw the same. Although now he claims that withdrawal of the Suit is not the defeat, and he is consulting the Indian National Congress Party, for re-filling the Suit, as if Sonia Gandhi is Indian National Congress Party, while he himself has admitted that the Court has felt that INOC or he himself were not the aggrieved party. Now the BIG QUESTION still remains unanswered that if through the aforesaid advertisement Smt Sonia Gandhi and Shri Rahul Gandhi feel that they are defamed, then why they themselves in their individual capacity are not filing the said defamation case in the USA Court, since, the following extracts from the aforesaid advertisement as was published in the “NewYork Times” dated 6th October, 2007, reflects that the advertisement casts a very serious and personal allegation of corruption, against the family of Smt. Sonia Gandhi, thereby lowering her esteem in public image? 

“Her husband Rajiv Gandhi is alleged to have received payments from KGB. According to Schweizer, Illustrierte, Rajiv has a secret Swiss Bank account of 2 billion dollars. Her son Rahul projected as next Prime Minister of India, was detained by FBI with large unaccounted cash at Boston Airport in 2001. (Swiss magazine Schweizer, Illustrierte 11/1991, Indo Asian News Service).” “Her party was involved in the UN Oil for Food Scam that helped Saddam Hussain. (From this language it is amply clear that charges were made against her in her personal capacity for misusing her position as President of Congress Party. The allegation nowhere puts the blame on the Indian National Congress Party). She was involved in numerous scams, scandals and controversies. Before entering India, she was an au-pair with modest means. Since then, she and her family members have amassed millions through questionable means. (Know Your Sonia by India First Foundation).”

 

Photocopy of the Advertisement published in the New York Times is also posted at: http://rtitimes.net/truthand that the Charges made in the aforesaid advertisement are very serious in nature, since it paints Shri Rajiv Gandhi, describing as one of the most corrupt politicians of the Country, contrary to his image that prevailed in India as ‘Mr. Clean’. Therefore, truth must come out before the Indian Citizenry. For the ends of the truth, a free, fair and transparent enquiry is essential. After enquiry, if charges so leveled through aforesaid advertisement are proved as malicious and false, this will enhance the goodwill of Smt. Sonia Gandhi manifolds, as against the claim of the alleged defamation. Otherwise, scars of doubts and blemishes would continue to cast a permanent mark on the integrity and honesty by leaving an impression that she is misusing her position to control the Office of the Prime Minister and the Central Government, to put the matter under an un-pregnable covert. Whereas, under the changed Swiss Banking Law, which mandated the Swiss Banks to know their clients, the Government of India, may now easily trace out the actual position about the alleged Secret Bank Account, if at all earlier held by Shri Rajiv Gandhi, since Banks must know its clients as well as his beneficiaries, which in this particular matter, might be Smt. Sonia Gandhi, and / or Shri Rahul Gandhi and / or Ms. Priyanka Gandhi, if any such account really ever existed. Similarly in the present scenario, USSR, Power of the Communist Party and KGB exist nowhere. Therefore, under the changed system of the Governance in Russia, if the Central Government makes free, fair and transparent and a serious and honest effort, it can also get all the true facts about the factual payments, if any were ever made by the KGB to Shri Rajiv Gandhi. This is just not necessary for the political health and strong democracy in India, but also for the sake of the prestige and honor of the heavenly soul of our late Prime Minister, Shri Rajiv Gandhi too. As regards to the matter, concerning whether Shri Rahul Gandhi, was detained by FBI with large unaccounted cash at Boston Airport in 2001 or not, this can be easily enquired by the Central Government.” Therefore, through the aforesaid application I wanted to know that which Department or Ministry of Government of India is responsible to enquire such type of the allegations and (2) Which Department or Ministry is responsible to enquire about the black money received from the Foreign States and deposited in the foreign Banks, by any Indian?”

 

Any one would be surprised to know that the Prime Minister’s Office does not know which Departments/Ministries under the control of Prime Minister are responsible for such actions. For this reason initially, my application was transferred through Memo Letter no. RTI/1953/2008-PMR dated 4th November, 2008, to the Cabinet Secretariat, which in its turn transferred to Department of Economic Affairs, through Memo Letter No. F-12015/331/2008-RTI dated 25th November, 2008, which was sent back to the Cabinet Secretariat, through Memo Letter No. F.No. 2/366/2008-RTI dated 2nd December, 2008, claiming it does not hold such responsibility. Now Cabinet Secretariat again has transferred it to Shri V. Sreekumar, Under Secretary and CPIO, of Deptt. of Revenue, through Memo Letter No. F-12015/331/2008-RTI dated 4th December, 2008. Is it not a Joke?             

 

 

(Milap Choraria)

Truth is God