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Tags:
Sonia Maino Rahul Gandhi Boston Passport FBI Italian Indian
Dual Citizenship by birth Naturalisation Registration Renounce
Government SC NDA Birth in Italy Article 5 to 9 Indian
Constitution bench Parliament Swamy Brijesh NDA CBI Poojary
judiciary Lekhi;
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Synopsis:
Let SC decides the foreign origin issue of Sonia Gandhi. I want to
raise here a legal valid question to draw the attention of whole
media, legal experts and politicians including NDA on citizenship of
Rahul Gandhi.
(1)
Senior Advocate Mr Lekhi had also referred in Delhi High Court to
Italian Constitution, which he said prohibits citizens of that
country to renounce his or her citizenship. Since Ms Sonia Gandhi
has been granted Indian citizenship in 1983, it would amount to
her having a “daul citizenship” as per Italian law, which the
Indian Constitution did not recognise.
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There is still no denial by the governmet
on above argument. So as per Italian Constitution no can renounce
his/her Italian citizenship. Drama of so called renounces can be allowed
to play only in India.
Here it is clear that Rahul
Gandhi can’t renounce his Italian citizenship if he keeps Italian
Citizenship. And it is fact that Rahul Gandhi can’t deny legally his
automatic Italian citizenship obtain by his birth in Italy.
There may be dispute between parents and
their children but it does not mean that leglly they can deny the
relationship. Chilren can’t write in affidavit or in any official
documents names as parents other than their real parents. I found only
one naxalite in Bhopal who mentioned in official document Shivraj Patil
as his father. His argument was that Shivraj Patil had said that
naxalites are his brothers and children. So he also think that it will
be better to make Shivraj patil as his father in the registration
documents for his weapon mfg factory.
So Rajkumar of Gandhi dynasty to be hero in
roadshow can create so many controversies for votes and publicity. Don
Abu Azmi, decoit Shima Prihar and terrorist Afzal also got publicity. It
depends person to person how they want to get publicity.
(2)
As per the web site of Italian
Government
Italian citizenship is granted by birth
through the paternal line (with no limit on the number of generations)
or through the maternal line (for individuals born after January 1,
1948).
If you were born in any country where
citizenship is acquired by birth, and any one of the situations listed
below pertains to you,
you may be considered an Italian citizen. For each category all
conditions must be met.
* Your mother was an Italian citizen at the
time of your birth, you were born after January 1st, 1948 and you never
renounced your right to Italian citizenship.
Rahul Gandhi took birth in
Italy and it was not in his or others hands. This depends on God. His
mother Sonia Gandhi (Sonia Maino) was Italian citizen at that time.
There should not be denial from any corner. So here it is clear that
Rahul Gandhi is an Italian citizen.
(3)
http://mha.nic.in/citizenship/intro.htm
Foreigners Division
Indian Citizenship
Introduction
The Constitution of India
provides for single citizenship for the entire country.
The provisions relating to citizenship are contained in Articles 5 to 11
in Part-II of the Constitution of India. Article 5 to 9 of the
Constitution determines who are Indian citizens at the commencement of
the Constitution? Article 10 provides for their continuance as such
citizens subject to the provisions of any law that may be made by
Parliament. Under article 11, the Constitution expressly saves the
power of Parliament to make a law to provide for such matters.
The Citizenship Act,
1955 provides for acquisition of Indian citizenship, after the
commencement of the Constitution, by birth, descent, registration,
naturalization and incorporation of territory and determination of
Indian citizenship. It also makes necessary
provisions for the termination and deprivation of Indian citizenship
under certain circumstances. The Citizenship Rules, 1956
prescribe the forms and procedure for acquisition of Indian citizenship
It means uptill now there is no dual
citizenship in India. So here it is clear that Rahul Gandhi is not an
Indian Citizen.
(4)
http://en.wikipedia.org/wiki/Indian_nationality_law
Automatic Termination of Indian citizenship
Termination is covered in Section
9 of the Citizenship Act, 1955. The provisions for termination are
separate and distinct from the provisions for making a declaration of
renunciation.
Section 9(1) of the
act provides that any citizen of India who by naturalisation or
registration acquires the citizenship of another country shall cease to
be a citizen of India. It
also provides that any citizen of India who voluntarily acquires the
citizenship of another country shall cease to be a citizen of India.
Notably, the termination provision differs from the renunciation
provision because it applies to "any citizen of India" and is not
restricted to adults. Indian children
therefore also automatically lose their claim to Indian citizenship if
at any time after birth they acquire a citizenship of another country
by, for example, naturalisation or registration.
(5)
http://mha.nic.in/citizenship/const_india.htm
Extracts from the Constitution of India
Article 5. At the commencement of this
Constitution every person who has his domicile in the territory of
India; and –
(a) Who was born in the
territory of India; or
(b) Either of whose
parents was born in the territory of India; or
(c) Who has been ordinarily resident in the
territory of India for not less than five years immediately preceding
such commencement, shall be a citizen of India
Article 8.
Notwithstanding anything in article 5, any person who or either of whose
parents or any of whose grand-parents was born in India as defined in
the Government of India Act, 1935 (as originally enacted), and who is
ordinarily residing in any country outside India as so defined shall be
deemed to be a citizen of India if he has been registered as a citizen
of India by the diplomatic or consular representative of India in the
country where he is for the time being residing on an application made
by him therfor to such diplomatic or consular representative, where
before or after the commencement of this Constitution, in the form and
manner prescribed by the Government of the Dominion of India or the
Government of India.
Date from which registration
takes effect.
Now Government is in the hands of Super PM.
So they should make necessay changes immediately with retrospective
effect. Congress can give the swords in the hands of monkies. I heard
that there was an attack of monkeys in Delhi and other places. To be
secure my suggestion may be workable as MM’s joint mechanism for J&K and
so called secular appeasement policy of his government.
When did Rahul Gandhi make
application for registration hes citizenship in India according to the
above mentioned formalties?
(6)
http://en.wikipedia.org/wiki/Indian_nationality_law
Automatic Termination of Indian citizenship
On
16 February 1962, a
Constitution Bench of the Supreme Court of
India held in the case of Izhar Ahmad Khan Vs. Union of India
that "If it is shown that the person has acquired foreign citizenship
either by naturalisation or registration, there can be no doubt that he
ceases to be a citizen of India in consequence of such naturalisation or
registration."
Now here people need the help of
NDA and Brijesh Mishra whow was chief of the PMO in NDA rule.
A suit had been filed on March 8, 2005 by
four lawyers in the high court seeking information about the alleged
detention of Congress MP Rahul Gandhi with Italian passport and his
Colombian girlfriend by the Federal Bureau of Investigation (FBI) in
2001. According to the public interest litigation, Gandhi, the son of
Congress president Sonia Gandhi, and his companion were released after
being detained at
Boston airport with illegal possession of
about $200,000 following the intervention of the Prime Minister’s
Office. At that time, Atal Bihari Vajpayee was the Indian prime minister
and Brijesh Mishra was a chief of PMO.
His daughter married with an Italian and
lived in
Italy. Approach through this channel might be
the reason of initiative was taken by Brijesh Mishra.
(7)
Rahul Gandhi, son of
Sonia Gandhi is an Italian Citizen , as per statement released by
Dr.Subramanyam Swami.
PRESS RELEASE
April 2, 2005
I welcome KPCC President Mr.Janardan Poojary's challenge, published
in today's media, to prove my charges against Ms.Sonia Gandhi and her
Italian family. I suggest that if I can establish the prima facie
validity of my charges before a panel, then Mr.Poojary should support
a full fledged inquiry by the CBI.
Hence let Mr.Poojary debate me before a panel of three journalists,
one selected by him, one by me and the third by the Bangalore Press
Club who can be chairperson of the panel.
Before this panel I will establish that there is sufficient prima
facie evidence to show that Ms. Sonia Gandhi has lied to the nation
about her real name, place of birth, her educational qualification,
and has assets disproportionate to her known sources of income, been
an agent of the KGB, and has links to the LTTE. I will also show that
her son Rahul Gandhi is still a citizen of Italy and was arrested by
the FBI at Boston airport on September 27, 2001 but let off on the
intervention of the Prime Minister. Hence Ms. Sonia Gandhi is corrupt
and anti-national. Moreover she is disloyal to the memory of Rajiv
Gandhi by aligning in Tamil Nadu with those who hold his
assassination as justified and proclaim LTTE leader Prabhakaran as
the leader of 'world Tamils'. There cannot be a bigger betrayal than
this.
I am also prepared to question Mr.Poojary on the corrupt loan melas
he authorised as MoS in the Finance Ministry in the 1980s, and the
loss of Rs.10,000 crores to the banks. He should be ready with an
answer.
(SUBRAMANIAN SWAMY)
(8)
Why does PM think Gandhis are not
touchable by court or else?
Is there a Vatican city in
India for any dynasty as in Rome for Pope?
speaking at the Chief
Ministers and Chief Justices conference, Mr Manmohan Singh had said that
there was a growing perception that the “PIL had become a tool in the
hands of the judiciary for harassment”.
However, the previous Chief
Justice of India, Mr Justice Y.K. Sabharwal, in his address at the same
conference, had expressed the opposite view. While conceding that the
PIL should not become publicity interest litigation, the CJI had said,
“PILs have done a great service in the protection of human rights,
protection of environment, forest wealth, illegal mining, etc. The PIL
should be handled with great care and caution keeping in view the
parameters laid down by the Supreme Court in various cases.”
Experts say that till the
time the Indian bureaucracy and ministers, including those in the
states, act strictly in accordance with the Constitution, carry out
development in an equitable manner and take adequate care of various
environment, human rights and civic issues, PILs will continue to be
filed and action ordered.
What are altervatives of
caste and religion based quota issues, foreign origin issue of Sonia
Gandhi and citizen ship of Rahul Gandhi and a like other issues.? Why do
people become ‘yes madam’ and now ‘yes prince’ as Congress leaders
prefer?
By Premendra Agrawal
agrawalpremendra@hotmail.com |