On 23rd April 2012 I had suggested and started an Online Petition that Dr. A. P. J. Kalam, is a suitable candidate to be the Next President of India, which was signed by 614 persons. But the contentions made by Dr. Kalam as published in his Book that in 2004, he was ready to invite Smt. Sonia Gandhi to be sworn-in as Prime Minister of India, surprised me, because the responses received from the President’s Secretariat with regard to my applications, under Right to Information Act, 2005 are not supportive of such contentions.
Through application No. RTI/APJKalam/01/2006 dated 23rd August 2006, Under Section 6 of Right to Information Act, 2005 addressed to Central Public Information Officer, President’s Secretariat, New Delhi-110004, stating therein that “On 17th May 2004, at about 10.00 AM (morning) I forwarded Fax Message to His Excellency President of India Shri A. P. J. Kalam, referring therein interalia that “under the Constitution of Italy, the citizenship of Italy of Smt. Sonia Gandhi still exists and her allegiance to the Constitution of Italy cannot be discontinued and shall prevails”, and that “The aforesaid fact can be verified from the Citizenship Law of Italy and Constitution of Italy in Italian Language from the Website of the Government of Italy and their English translated copies are available at renowned Websites: http://www.legislationline.org/legislation.php?tid=11&lid=1436, and now available at: http://www.legislationline.org/documents/action/popup/id/5131 and then at: http://www.oefre.unibe.ch/law/icl/it00000_html respectively.” and that “from the English translated copy of the aforesaid documents, under Sub-clause (a) of the Clause 1 of Article 1 read with Sub-clause (c) of the Clause 1 of Article 13 of the Citizenship Law of Italy and Part I under Title – I, under Article 14(1) and 16(2) under Part I, Title IV, Article 48(3) and 54(1) of the constitution of Italy, one never can renounce his/her “Right to Citizenship of Italy”, which undoubtedly prevails permanently, irrevocably, unequivocally and forever, even if one might have renounced his/her 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 only temporary in character and nature and is never final. Thus Italian citizen by birth always having allegiance to the Constitution of Italy, even if he/she gets citizenship of India, under dual citizenship or otherwise. In view of the aforesaid Italian provisions Smt. Sonia Gandhi and Shri Rahul Gandhi are Italian Citizens by birth, and their allegiance to the Constitution of Italy is not only acknowledged but prevails permanently, irrevocably, unequivocally and forever, even they might have renounced their respective CITIZENSHIP of Italy.” And I wanted to know that what action was taken by His Excellency Shri A. P. J. Kalam, on my aforesaid representation through Fax Message to see that compliance of the Article 102 of the Constitution of India should be ensured, so one having “Italian Citizen by Birth”, even if he or she might be claiming to be renounced his/her Italian Citizenship, should be disqualified for being chosen as, and for being a member of either House of Parliament under Article 102 of the Constitution of India.
President Secretariat through Memo Letter No. E-6/DPS/20/08/2006 dated Sept. 1, 2006 replied that “all communications addressed to the President following the 14th General Elections containing various suggestions on the formation of the Government including your letter of 17th May, 2004 were accorded due consideration by the President.”, which was not in compliance of Sub-Section (9) of Section 7 of the Right to Information Act, 2005, as the aforesaid information was not covering the information sought by the Appellant that ‘what action was taken by His Excellency Shri A. P. J. Kalam, on my aforesaid representation through Fax Message’ as the information supplied by the Respondent covers only the first part of the information but the concluding part of the information relating to action taken by His Excellency Shri A. P. J. Kalam, after due consideration of the aforesaid Fax Message by the President, as such I filed an Appeal. However, the aforesaid Information was denied to me.
Had the aforesaid contentions made by Dr. Kalam were true, then the President Secretariat could have simply replied that the President after due consideration of your representation was pleased to reject it.
Pursuing the matter further, I filed another application dated 7th October, 2006, before the President’s Secretariat, seeking certified copies of all communications in connection with and following the 14th General Elections containing various suggestions including letter forwarded by Smt. Sonia Gandhi, the then newly elected leader of the Congress Party in the Parliament to His Excellency President of India Dr. A. P. J. Kalam claiming to form the Government headed by herself or by someone else, and reply made by His Excellency to Smt. Sonia Gandhi on or after 16th May 2004, till the formation of the Government, headed by Dr. Man Mohan Singh as Prime Minister.
During the hearing before the then Chief Information Commissioner Shri Wajahat Habibulla, the respective Officials from the President Secretariat claimed that while considering my application, they sought Legal Opinion from the Attorney General for India. They also showed the Legal Opinion received from the Attorney General to Shri Habibulla the CIC, but did not divulge the same to me. Thereafter, I submitted an application seeking the copy of the aforesaid Legal Opinion both from the President Secretariat as well as from the Office of the Attorney General for India. The President Secretariat replied that the Ministry of Law and Justice described the aforesaid legal opinion as “Confidential”. Thereupon, when I sought the file noting with regard to the aforesaid codification of the legal opinion as “Confidential”, again the same was codified as “Confidential”. On the other hand, the most astonishing reply that came from the Office of the Attorney General for India before the present CIC, Shri Satyendra Mishra was that they have not receive the same from Late Shri Milon Banerjea, the then Attorney General for India. And this was a news item in the Times of India.
Italian Embassies specifically quoted that “PURSUANT TO ITALIAN LAW, IF HOLDER OF ANOTHER CITIZENSHIP, IS ONLY ITALIAN, BECAUSE IN VIEW OF THE LAW IT IS THE ITALAIN CITIZENSHIP THAT PREVAILS OVER ANY OTHER”. Therefore, accordingly, allegiance to the Italian Constitution of Smt. Sonia Gandhi permanently prevails and for this reason, and taking into consideration and compliance thereof regarding the paragraphs 19, 20, 24, 25, 26 and 29 in the Judgment dated 12th September 2001, of the Hon’ble Supreme Court pronounced by a BENCH comprising of Hon’ble CJI, R.C. Lahoti & Doraiswamy Raju JJ., in Appeal (civil) No. 4400 of 2000 along with C.A. No.4405/2000 pronounced by R. C. Lahoti J., reported in the AIR: 2001:SC at pages: 3689 to 3703, I have filed a Writ Petition in the High Court, with supporting Documents regarding Italian Law, so as to be considered as a matter of fact under the Indian Evidence Act. This Writ Petition of mine was dismissed in violation of the Supreme Court Ruling that “No Court in India can take cognizance of foreign law”. Therefore, II was compelled to file an application for the prosecution of the respective Judges, before the President of India and Chief Justice of India, which is still pending.
Milap Choraria
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