systematic issue Nehru-Gandhi Dynasty, Shri Rahul Gandhi Every party which is in power could put pressure on institutions.”

 The AICC general secretary and Member of Nehru-Gandhi Dynasty, Shri Rahul Gandhi, during a Press Conference, conveyed at Ashoka Hotel, New Delhi , replied to a question: whether CBI is being misused by ruling regime, made a statement saying that it was a "systematic issue" and it was not a question of one particular agency. He further said that "Every party which is in power could put pressure on institutions.” He further said, adding that “every government tries to push its people into such agencies.".  His statement was not made with any honest and sincere intentions, rather a political farce to exploit the sentiments of the people.

 

However, the aforesaid statement made by Shri Rahul Gandhi that "Every party which is in power could put pressure on institutions.” has fully vindicated the serious charges leveled by me in application dated 14^th October, 2008, for previous sanction to prosecute Mr. Justice Vijendra Jain, the then Acting Chief Justice of Delhi High Court and Mr. Justice Swatantra Kumar the then Judge in Delhi High Court, addressed to the office of both of Your Honors, and Complaint d ated 7^th May, 2007 and reminder dated 7^th January, 2008, both addressed to Hon’ble CJI and Copy to President of India, against “FIXED ORDERS”, passed by them, at the cost of the Integrity of the Propriety and Sovereignty of the Constitution of India and in serious violation of the Oath taken under Article 219 of the Constitution of India, and Supreme Court Law: (made under Article 141 of the Constitution of India), which appeared by way of the observations, particularly made in paragraphs 23, 24, 25, 26, 27, 28, 29, 30, and 31 of the judgment of the Supreme Court, in the Civil Appeal No. 4400 of 2000 of Hari Shankar Jain vs. Smt. Sonia Gandhi AIR 2001 SC 3689, by dismissing my Writ Petition (C) No. 7790 of 2006 of Delhi High Court, against apparent gratification of appointments as Chief Justice of Punjab & Haryana High Court and Mumbai High Court respectively to protect political carriers of Smt. Sonia Gandhi and Shri Rahul Gandhi, who’s allegiance to a foreign State (ITALY) acknowledged and prevails permanently, unequivocally and irrevocably under the Constitution of Italy and Citizenship Law of Italy. That is why even after repeated Motion of Notices served upon Smt. Sonia Gandhi and Shri Rahul Gandhi, they decided not to file Vakalatnama before the Hon’ble Court , since they were fully aware that Shri Gopal Subramanium, the Addl. Solicitor General of India is looking after and to protect their illegal rights even by embracing respective Judges.

 

Important Relevant Legal Points, regarding Italian Constitution and law.

Followings are the important provisions of the ‘Constitution of Italy’ and ‘Citizenship Law of Italy’, which are required to be adjudicated under Indian Evidence Act, 1872, as a ‘matter of fact’, without taking judicial notice of a foreign law, in terms of Supreme Court Rulings, and to decide issue regarding allegiance of Smt. Sonia Gandhi and Shri Rahul Gandhi to the Constitution of Italy, acknowledged and undoubtedly prevails permanently, irrevocably, unequivocally and forever, and even if they might have renounced their Citizenship of Italy, since theu cannot renounce their “Permanent Right to Citizenship of Italy”, under which Italian Citizenship is always automatically recoverable, at any time, on the expiry of one year, from the date of her declaration, without any administrative orders:

 

CITIZENSHIP LAW OF ITALY NEW PROVISIONS ON NATIONALITY

ART.1

1. Citizen by birth is: a) the child of a father or a mother, who are Italian citizens ;

ART.13 (Accordingly Shri Rahul Gandhi was child of Italian mother, thus he too become Italian Citizen by birth)

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;” (Accordingly Smt. Soniya Gandhi as well as Shri Rahul Gandhi are entitled to automatically recover their Italian Citizenship, within one year, if they so desire by declaring. It means their renouncement is not permanent, rather permanently put on hold for restoration)

d) “after one year from the establishment of the residence in the territory of the Republic, unless he express renounced within the same term;”

Besides aforesaid legal position of the foreign law, I also filed document posted in the Websites of Italian Embassy in Chicago describing 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.” (Accordingly Indian Passports of Smt. Sonia (Sonya) Gandhi and Shri Rahul Gandhi, are irrelevant, whenever they travels in Italy , where they should carry Italian passports.)

Constitution of Italy

Part-I, Title-I: Article 14 [Personal Domicile] (1): “Personal domicile is inviolable”;

Part I, Title IV, Article 16 [Freedom of Movement] (2): “Every citizen is free to leave the territory of the republic and return to it except for obligations defined by law.”

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]

(1) The house of representatives is elected by universal and direct suffrage.
(2) The number of representatives is six hundred and thirty, of which twelve are elected by the constituency of italians abroad. (Accordingly Smt. Sonia (Soniya) Gandhi and Shri Rahul Gandhi, if they so desire, are unquestionably quite eligible to Vote for the House of Representatives of Italy )

(3) Eligible are voters who have reached the age of twenty-five on election day.

(4) Having set aside the seats assigned to the constituency of italians abroad, the distribution of seats among the constituencies is calculated by dividing the population of the last general census by six hundred and eighteen, and distributing the seats in proportion to the population of each constituency, based on the quotients and the largest remainders.

Article 57 [The Senate]

(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. (Accordingly Smt. Sonia (Soniya) Gandhi and Shri Rahul Gandhi, if they so desire, are unquestionably quite eligible to Vote for the House of Representatives of Italy )

(3)    No Region shall have fewer than seven senators; Molise has two senators and the Aosta Valley one.

(4)    Having set aside the seats assigned to the constituency of Italians Abroad, the distribution of seats among the regions is calculated proportionally to the population of the last general census, based on the quotients and the largest remainders.

 

The various details are also posted: http://indiandynasticdemocracy.tripod.com/

 

Therefore, I hope that for the ends of justice and to ensure efficacy of the Administration of Justice the aforesaid application, which are pending for long period, may be examined, considered and decided, in conformity with the equality before law and right to justice.