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Deathly failure and death of law - II

V SUNDARAM

        All the respectable and leading citizens of India must join together and file a proper Public Interest Litigation (PIL) in the Supreme Court of India in the next one week in order to prevent the national disaster of our having a President with dishonourable and dubious credentials like Smt Pratibha Patil. The PIL petition must cite the Union of India (represented by Cabinet Secretary); The Returning Officer for Presidential Election 2007; The Election Commission (represented by Chief Election Commissioner); Smt Pratibha Tai Patil (Presidential Elect Nominee of UPA); Indian National Congress (represented by its President Smt Sonia Gandhi); The Communist Party of India (CPI-M); The Communist Party of India (CPI); New Delhi, Bahujan Samaj Party(BSP); Telugu Desam Party (TDP); All India Anna Dravida Munnetra Kazhagam (AIADMK); Dravida Munnetra Kazhagam (DMK); Smt Rajni Tai Patil, W/O late V G Patil, Lecturer (Hindi), Maratha College, Jal Gaon, Maharashtra; Central Bureau of Investigation (CBI); State of Maharashtra and National Human Rights Commission, New Delhi as RESPONDENTS. This PIL has to be filed under Article 71 clause (1) of the Indian Constitution. This Article is about MATTERS RELATING TO, OR CONNECTED WITH, THE ELECTION OF A PRESIDENT OR A VICE-PRESIDENT. This Article states and declares with precision (and leaving room for no doubt or ambiguity in any Court of Law in any part of the civilized world outside India and more particularly at the level of the Supreme Court in New Delhi) the following:

        'All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into by the Supreme Court whose decision shall be final'.

        Let me now propose a draft PIL Petition for the kind consideration of the battered, shattered and about to be politically slaughtered helpless citizens of India.
Theodore Roosevelt (1858 - 1919).
American President (1901 to 1909).
Defender of the common American
people against Judicial Abuses.
        Smt Pratibha Tai Patil, the Presidential Election nominee of Respondent of Political Parties Indian National Congress, The Communist Party of India, Bahujan Samaj Party and Dravida Munnetra Kazhagam Political Parties whose elected members of Parliament constitute the UPA Govt. at the Centre as represented by Respondent No 1 Union of India in various and serious offences including shielding of conspiracy to murder, harboring and sheltering probable murderous conspirators behind the murder of one V G Patil who was slain on 21/ 9/ 2005 at Jalagaon, Maharashtra.

        2. Locus Standi of the petitioner:

  1. Petitioner most respectfully submits that he is a voting citizen of India and disturbed by the serious allegations levelled at Respondent Mrs Pratibha Patil in which allegations there seems to be some incontrovertible truth and is unable to reconcile with the complacency of the Government's Authorities viz Union of India, The Election Commission, Central Bureau of Investigation, Government of Maharashtra and National Human Rights Commission; the arrogance and vehemence of Respondents Indian National Congress, the CPI, Bahujan Samaj Party and Dravida Munnetra Kazhagam; the inaction and lip service by Respondents BJP, Telugu Desam Party and AIADMK; the helplessness of respondent Smt Rajni Tai Patil, the widow of the slain Late V G Patil and above all the imminent danger to India, that is Bharat, looming large in terms of loss of respect and credibility of an honest Nation in the eyes of normative World populace and the need to protect the sanctity and supremacy of the Constitution from its own functionaries and guardsman— in this dark situation the only remedy being a public interest litigation in the nature of a Writ of Mandamus to grant appropriate directions and evolve proper guidelines in as much as the Presidential and Vice Presidential Elections Act, 1952 is totally silent on the principal question raised in this Writ Petition 'Que Custodiet est ipsos custodios' – WHO GUARDS THE GUARDSMEN? Hence your humble petitioner has locus Standi to maintain the writ petition only for the purpose of bringing the involved factual matrix to the notice of your Lordships. The petitioner has a fundamental duty cast on him by Article 51 –A of the Constitution of India and a right to perform that duty mandated by the Constitution, a right which cannot be denied or set aside by any Court of Law in India, including the Supreme Court.

        2. It is respectfully submitted that the Presidential election 2007 was notified by the respondent the Election Commission as the term of A P J Abdul Kalam, the outgoing President of India is to end on 24 July, 2007. That the fourth Respondent was nominated by the UPA Coalition Parties (Respondents) as their nominee for the Presidential Election.

        3. The opposition parties known as National Democratic Alliance, NDA for short, have nominated the Vice President of India Bhairon Singh Shekhawat as its nominee for this post. A third front comprising Respondents Telugu Desam Party and AIADMK had proposed the continuance of Dr A P J Abdul Kalam's second term as a President.

        4. It is submitted that in the wake of the nomination of the Respondent Smt Pratibha Tai Patil by the UPA combine, Respondent Smt Rajni Tai Patil held a press conference, even before the Respondent Smt Pratibha Tai Patil had filed her nomination papers before the Returning Officer for Presidential Election 2007, alleging that Smt Pratibha Tai Patil the Respondent was using her power as Governor of Rajasthan and her influence in the UPA Government at the Centre and a Congress- NCP led Government in Maharashtra to shield her brother, one Dr G N Patil and others of Jalgaon, Maharashtra State who had perpetrated the murder of one V G Patil, the then District Congress President of Jalagaon and husband of Respondent Smt. Rajni Tai Patil on 21 September, 2005 by hired assassins.

        5. The gory details of the murder of the slain V G Patil, the late husband of Respondent Smt Rajni Tai Patil and the aftermath thereof were once again made public by the Hindi News channel Aaj Tak who had earlier conducted investigation and had telecast a detailed news report. The said telecast copied on to compact disc is submitted herewith for the kind perusal of this Hon'ble Court in annexure 1. The Respondent Indian National Congress (Sonia Gandhi) dismissed this allegation as baseless not withstanding the fact that the Hon'ble High Court of Maharashtra Bench at Aurangabad had directed the Respondent CBI, to conduct the investigation despite overt resistance and reluctance of the CBI in writing before the Hon'ble High Court as can be seen from the said order the Hon'ble High Court of Maharashtra Bench at Aurangabad order dated——— which is annexed herewith as Annexure No. 2.

        6. Petitioner most respectfully submits that news papers have published the rather unseemly/ unsavory details of the past deeds of the Respondent Smt Pratibha Tai Patil pertaining to Prathibha Sahakari Bank Jalgaon, a Woman's Cooperative Bank established by the Respondent Smt Pratibha Tai Patil from which loans were given to near male relatives of the Respondent and interest or penal interest thereon waived unilaterally by the Respondent Smt Pratibha Tai Patil and in the end that the Reserve Bank of India in exercise of the power under the Banking Regulation Act 1949 has cancelled the banking license and placed the said Prathibha Sahakari Bank Jalgaon under liquidation. It has been reported in the press that the Goernment of Maharashtra had only invented fictitious or false reasons to defend the past deeds of Respondent Smt Pratibha Tai Patil by resorting to transparent lies supressio veri suggestio falsi and doubleu entendres (double Speaks- or equivocation). The said press reports are herewith submitted for kind perusal of your Lordships in Annexure No.3.

        6A. That a section of the press namely 'Deccan chronicle' Hyderabad dated 30 June, 2007 reported that the Respondent Smt Pratibha Tai Patil had collected as Chairperson of Prathibha Sahakari Mahila Bank Jalgoan, donation from its employees towards 'Kargill War Fund' but did not remit the same to first respondent Government of India nor deposited the so called Kargil Fund in a nationalised bank. If such is the truth then it would be an act of criminal breach of trust to say the least, and treason to say the last. And the worst aspect is that the Respondent Smt Pratibha Tai Patil had failed to disclose these facts in her nomination papers filed before Respondent the Returning Officer for the Presidential Election 2007. This factum of suppression of facts by the Respondent Smt Pratibha Tai Patil should disable the Respondent Returning Officer of the Presidential Election 2007 from accepting the nomination of the Respondent Smt Pratibha Tai Patil (The remaining part of the proposed draft PIL Petition to be signed by the common people of India will be presented tomorrow).

        I am only reminded of the great role played by the Presidential Candidate Theodore Roosevelt (1858-1919) in the Presidential Campaign in USA in 1912 when he vigorously and successfully challenged the then endemic disease of judicial abuses and judicial terrorism which was playing havoc with the destiny of his Country. Through his powerful campaign he ensured that in cases involving great national issues of survival or death, fearless public opinion subtly penetrated into the judicial atmosphere of the Supreme Court of America. He was of the view that adequately informed and sufficiently sustained public opinion must seep into Supreme Court decisions. Theodore Roosevelt shrewdly declared: 'I do not know much about Law but I do know one can put the fear of God into Judges'. By playing such a stellar Captain's role, he saw to it that the 'Fear of God' was felt on the Supreme Court Bench in USA in 1912 and there after. India sadly and badly requires a Theodore Roosevelt today and not Smt Pratibha Patil.

        (To be contd...)
        (The writer is a retired IAS officer)
        e-mail the writer at vsundaram@newstodaynet.com

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