If SMT. SONIA GANDHI
AND SHRI RAHUL GANDHI, ARE NOT THE POWER MONGERS, THEY SHOULD SATISFY THE WHOLE NATION, THROUGH PARLIAMENT OF INDIA, THAT
WHY THEY ARE HIDING THE FACT ABOUT THEIR ALLEGIANCE TO THE CONSTITUTION/STATE OF ITALY?
In the following pages of this Website, detail facts with the supporting evidences are explained
that Smt. Sonia (Soniya) Gandhi and Shri
Rahul Gandhi : for political gains and to control reins of the powers, are hiding
the important Facts regarding their irrevocably, permanently 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 from the Website of the Italian Government, with English translation made by experts, which are legally accepted
“Opinions of Experts” under Section 45 of Indian Evidence Act, 1872, till not proved otherwise, since English
translated version of Citizenship Law of Italy and Constitution of Italy are also corroborated and fully supported by the
documents posted in the Websites of the Several Italian Embassies. 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 failed
to refer or produce any documentary evidence in support of his 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. While, under Article 102 of the
Constitution of India, Smt. Sonia Gandhi and Shri Rahul Gandhi are liable to be disqualified as Member of Parliament of India,
since acknowledgement of their allegiance to the Constitution of Italy or State of Italy are irrevocably and permanently prevailed.
Details facts and respective documents are posted in the different Pages of this Website:
SCJudgmentSoniaGandhi
HCJudgment-RMM
ComplaintReminder2CJI
Reminder2CJI
ItalianConstitution
CitizenshipLawItaly
CovertInformation
GopalSubramanium
Orders-MyWritPetition
ItalianEmbasies
MilonBanerjee
MANDATORY
IMPACT OF ITALIAN LAW UPON Smt. Sonia (Soniya) Gandhi and Shri Rahul Gandhi:-
According to “Citizenship Law of Italy”,
Shri Rahul Gandhi, without any ambiguity or doubt, automatically got the “Citizenship of Italy by Birth”
under Article 1 of the Citizenship Law of Italy, since his mother, at the time of his birth, was Italian Citizen.
Therefore, under Italian Law, both Shri Rahul Gandhi and Smt. Sonia Gandhi, are
“Italian Citizenship by Birth” which undoubtedly, permanently, irrevocably,
unequivocally and forever “prevails on holds for restoration”, under Article 13
of the Citizenship Law of Italy, to recover it, within
one year from declaration to recover it. This means that the allegiance to the Constitution of Italy of Shri Rahul Gandhi and Smt. Sonia Gandhi, undoubtedly, permanently, irrevocably,
unequivocally and forever acknowledged, even if they might have renounced Citizenship of Italy, since ‘Italian
Citizenship’ is always recoverable for Italian by birth, without any interference from the administration of the Government
of Italy. Thus “Renouncement of Italian
Citizenship” is only temporary in character and nature and never be final under Italian Law.
LEGAL POSITION OF ITALIAN LAW IS DESCRIBED ON THE BASIS OF THE INFORMATION POSTED BY VARIOUS ITALIAN
EMBASIES/ CONSULATES:-
Some
extracts regarding “Italian
Citizenship”, based on Information posted in the Websites of the Consulate General of Italy, Chicago, and other 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.”
“PLEASE NOTE” 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 TOREIDE IN A FOREIGN COUNTRY.”
According to Consolato Generale d’Italia, Chicago, which also mentioned in its Website as follows:-
“Recognition of Italian Citizenship for People of Italian Descent Born in the USA, or in another country where
citizenship is acquired by birth.”
“If you were born in the United States (or in any other Country where citizenship is acquired by birth), and
any one of the situations listed below pertains to you may be considered an Italian citizen. For each category all conditions
must be met.”
Situation No. 2 described: “Your mother was born in Italy and was an Italian citizen at the time of your birth,
you were born after January, 1948 and you never renounced your right to Italian citizenship.”
RELATED PART OF THE AFORESAID CITIZENSHIP LAW OF ITALY
and CONSTITUTION OF ITALY are as follows:-
That Citizenship Law of Italy and Constitution of Italy in Italian Language, are mentioned
in the Website of the Government of Italy: http://www.giustizia.it/cassazione/leggi/191_92.html and http://www.quirinale.it/costituzione/costituzione.htm respectively. I have collected English translated copies of the Constitution of Italy,
through Electronic process (Internet) translated by Prof. Carlo Fusaro, (the then working as Faculty of Political
Sciences ‘C. Alfier’, under Department of Public Law, University of Florence, Italy), with the
help of Dr Federico Signorini and Dr Ignazio Castellucci. The English Translation of the ‘Citizenship Law of Italy’ was also obtained electronically
by me from a website controlled and managed by the ‘Organization for Security and Co-operation in Europe’.
Constitution of Italy:
Article 14 [Personal Domicile]
(1) Personal domicile is inviolable.
(2) No one's domicile may be inspected, searched, or seized save in cases and in the manner laid down by law
conforming to the guarantee of personal liberty.
(3) Verifications and inspections for public health and safety, or for economic and fiscal purposes are defined
by law.
Article 16 [Freedom of Movement]
Every citizen has the right to reside and travel freely in any part of the national territory except for limitations
provided by general laws protecting health or security. No restriction may be imposed for political reasons.
Every citizen is free to leave the territory of the republic and return to it except for obligations
defined by law.
Article 48 [Voting Rights]
All citizens, men or women, who have attained their majority are entitled to vote.
Voting is personal, equal, free, and secret. Its exercise is a civic duty.
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.
(under this provision/ Right Smt. Sonia Gandhi and Shri Rahul Gandhi are eligible to exercise their right to Vote
for the Italian Parliament, if they so decided.)
Article 56 [The House of Representatives]
Clause (1)
The house of representatives is elected by universal and direct suffrage. Under Clause (2) The number
of representatives is six hundred and thirty, of which twelve are elected by the constituency of Italians abroad while Article
57 [The Senate] provides that under Clause (1) The senate is elected on a regional basis except for the seats assigned to
the constituency of Italians abroad. (2) Three hundred and fifteen senators are elected, of which six are elected by the constituency
of Italians abroad.
(under this provision/ Right Smt. Sonia Gandhi and Shri Rahul Gandhi are illegible to exercise
their right to Vote for the Italian Parliament, if they so decided.)
CITIZENSHIP LAW OF ITALY
ART.1
1. Citizen by birth is:
a) the child of a father or a mother, who are Italian citizens;
b) a person who was born in the territory of the Republic if both parents are unknown or stateless, or if the
child does not follow the citizenship of the parents according to the law of the State to which the parents belong.
2. The child of unknown parents who is found abandoned in the territory of the Republic shall, unless possession
of another citizenship is proved, be deemed citizen by birth.
ART.11
1. The citizen who possesses, acquires or regains a foreign citizenship shall keep the Italian one. Nevertheless
he may renounce the Italian citizenship if he resides or settles down abroad.
ART.13
1. He who lost the citizenship shall recover it:
if he is in the Italian Army and he previously declares he wants to recover it;
if he accepts or accepted a public office for the State, even abroad, and he declares he wants to 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;
d) after one year from the establishment of the residence in the territory of the Republic, unless he
express renounced within the same term;
e) if he lost his citizenship because he did not obey the order of abandoning the military service for a foreign
State or the office granted by a State, by a foreign public body or by an international body and he declares he wants to recover
it, on condition that he has resided in the territory of the Republic for at least two years and he proves that he abandoned
the public office or the military service he has undertaken notwithstanding the order provided by art.12, comma 1.
2. He who lost the Italian citizenship according to art.3, comma 3 and art.12, comma 2 may not recover it.
3. In the cases provided by comma 1, lett. c), d), e), the acquisition of citizenship has no effects if it is
forbidden by decree of the Minister of Internal Affairs, for severe reasons and the agreement of the State Council. This prohibition
may take place within one year since the established conditions happened.
ART.17
1. He who lost citizenship pursuant artt.8 and 12 of statute 13 June 1912, n.555, or for not having taken the
option provided by art.5 of statute 21 April 1983, n.123, shall recover it if he declares, within two years from the implementation
of this statute, that he wants to recover Italian citizenship.
2. Art.219 of statute 19 May 1975, n.151, is still in force.
ART.23
1. The statements for acquiring, keeping, recovering and renouncing citizenship and the swearing provided by
this statute are set out before the registrar of the commune where the declarant resides or intends to settle down, or, in
case he resides abroad, before the diplomatic or consular authority of the place of residence.
2. Statements provided by comma 1, and acts or provisions concerning the lost, the keeping and the recovering
of Italian citizenship shall be transcribed in the citizenship-registers and shall be annotated in the birth-certificate.
Public
Authorities are protecting the exposure of true facts by misusing their public offices.
In or 1bout
17th May, 2004, at about 10.00 AM I sent a Fax Message to President of India stating therein interalia that “under
the Constitution of Italy citizenship of Italy of Smt. Sonia Gandhi is still exists and her allegiance to the Constitution
of Italy cannot be discontinued and shall prevails”. After enactment of the Right to Information Act,
2005 I wanted to know that what action was taken by His Excellency President of India, I find that to protect the related
Information, the Public Authorities misused their Authorities. Details are placed under Page: CovertInformation.
