FCRA

Citizenship row: A nightmare still awaits Rahul Gandhi

(This is a reprint from NewsBred).

 

Please don’t move on only because theSupreme Court has dismissed a “fake” petition stating that Rahul Gandhi has been a British citizen in the past. The matter is hot as coal.

Why do I call it a “fake petition”? Use your brains. The Supreme Court order states “we cannot rely on a paper note to call Rahul a British citizen.” Why would anyone go to court with just a few lines scribbled on a “paper note”? I mean no backgrounder, no facts, no arguments put forth? Petitioners Jai Bhagwan Goyal and CP Tyagi might have been driven by nationalist spirit but like poor surgeons picked up cucumber instead of a scalpel to dissect their object.

But let’s not waste our energy on this sideshow. Let’s look at the ground reality and why I say it’s hot as coal. Congress President Rahul Gandhi has to reply to a letter of Ministry of Human Affairs (MHA) by next week (May 16) on his alleged British citizenship in the past. The MHA is acting on the basis of a letter by Dr. Subramanian Swamy in this regard. Dr. Swamy, the bete noire of  Gandhi dynasts, has done more than just scrawl a letter—he has a petition pending in the Supreme Court on the matter.

So what should Rahul Gandhi say in his reply to MHA?

Assuming he says YES, he indeed was a British citizen in the past. It would open up a can of worms. How could he then have been an Indian citizen, a Member of Parliament and at a cruder level, does it imply that he was staying in India without a valid visa? And does for violations of visa regulations, a jail-term looms?

Assuming he says NO in reply, did he seek FCRA (Foreign Contributions Regulations Act, 2010) clearance from the relevant authorities? If not, isn’t it a misrepresentation/hiding facts in his election affidavit? Can’t it be termed as money-laundering done through a foreign company?

No wonder Dr. Swamy chuckles at the prospects of Rahul Gandhi’s impending reply. He has tweeted: “Buddhu is in a classic Catch 22 situation and between a rock and a hard place.”

So please don’t be lulled into believing that the Supreme Court, in dismissing the “fake” petition, has also given a verdict on MHA and Dr. Swamy’s efforts to get to the bottom of the truth.

Typical of Lutyens Media though in drooling on the verdict in favour of their patrons. Shreya Dhoundial, an anchor with CNN News 18, pressed the buzzer in no time in declaring that SC has junked Dr Swamy’s petition on Rahul Gandhi’s nationality. But the CNN News18 anchor and her fraternity in Lutyens Media in their eagerness—most had the news on their front pages today—missed a very critical point in their coverage.

And the point is that neither Congress nor Rahul Gandhi nor for that matter his master’s voices in Randeep Surjewala and Sanjay Jha have made a single tweet in celebration of Supreme Court ruling. I mean, come on, the Congress camp had a very good opportunity of rubbing BJP’s nose on the ground. Why let go of the moment? Doesn’t their silence speak of the tremors under their feet?

Yes, Rahul Gandhi’s British citizenship issue isn’t dying any soon. You can read the entire background to his alleged association with a British company here. I am not a clairvoyant but my guess is he would miss the deadline of MHA letter or submit a blank page in response. By then, the 2019 General Elections would have only one phase (May 19) of polling left. As they say: A drowning man would clasp even at a straw.

 

 

 

Judiciary: Dirty linen are now being washed in public

(This is a reprint from NewsBred).

Clearly all is not well with Indian judiciary and these are anxious time for India’s democracy.

In what is emerging as a divided house in public domain, barbs are being exchanged and motives assigned by practicing legal luminaries, both advocates and judges. Practically, the dirty lines of our judiciary are being washed in public.

The latest such episode is Supreme Court asking for response from an NGO, Lawyers Collective, and its operators, lawyers Indira Jaising and Anand Grover on a plea alleging FCRA violations by them.

Indira Jaising and Anand Grover, and their NGO Lawyer Collective in a press statement have cried foul and alleged that this is a case of “victimization” since Ms. Jaising took up the cause of ex-woman staffer who had leveled sexual misconduct charges against the Chief Justice of India Ranjan Gogoi which now have been rejected by an In-House Inquiry Committee earlier this week.

In these columns, reports have been published how corporate lobbies and corrupt lawyers derail justice. A young Supreme Court lawyer Vibhor Anand in series of tweet-threads has alleged that law firms which hire family members/relatives of judges act as a conduit to influence judicial processes. He has further alleged that the opaque system of Collegium appoints judges in High Court and Supreme Court on recommendations influenced by corporate lobby.

The delicious irony of this all is that the lobby which ignored CJI Ranjan Gogoi’s anguish that the sexual harassment charge was an attempt to “deactivate the office of CJI” is now crying hoarse under the umbrella of “victimization.” So while this could be a plot against Indira Jaising, Anand Grover and their NGO Lawyers Collective, the “plot” theory doesn’t hold true when it comes to CJI Ranjan Gogoi!!! So, what is true for one, isn’t true for another.

While a certain lobby of lawyers and media has worked with clockwork precision to pin CJI Ranjan Gogoi to the wall, treating ex woman-staffer has a hapless victim, no thought has been spared that the CJI himself could be a “victim” in this case. In series of columns, we have highlighted how CJI Ranjan Gogoi has been virtually declared “guilty” while not a single line has been spared to pursue his line of reasoning and argument. We have also outlined the background and the related story of a lawyer claiming he has evidence it was a plot against CJI Ranjan Gogoi.

The political machinations too have played a massive role in destabilizing judiciary. Reputed lawyer Harish Salve had reacted vehemently when an impeachment process was set in motion last year against then CJI Deepak Misra. He had slammed Congress and their lawyer-politicians for vilifying the constitutional institution.

The only way to stem the rot, Salve had opined, was for Contempt of Court Act to be used with firmness and people to be sent to jail.

Speaking to Arnab Goswami, this is what Salve had said: “I believe that it is with great hesitation that the court declined to initiate Contempt of court in the Justice Loya case and I personally think it was a mistake.” With the way things were going, Salve had said, we might as well wind up the constitutional courts…if it could be vilified…without any consequences.”

Salve had cited a personal instance. “I was in Ayodhya case when (Kapil) Sibal threatened to walk out of the court…it’s awfully disrespectful of the court.”

Damningly, Salve had said: “Now that the Congress is reduced to 44, they might use the court to destabilize the government.”

Now the desperation of political survival is spreading its poison in judiciary by invoking the various lobbies they had created in the past. Lutyens Media, as ever, is pliant to their machinations and act as a forward force. In all this, the credibility of the judiciary has taken a serious beating. If judiciary goes, what survives???