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        In these columns yesterday I had proposed a draft Public Interest Litigation (PIL) petition for the consideration and approval of all the enlightened citizens of India to be presented to the Supreme Court under Article32 of the Indian Constitution challenging the nomination of Smt Pratibha Tai Patil for the Office of The President of India on the ground of her dubious and nefarious antecedents and seeking a direction from the Supreme Court for setting aside her nomination. The first part of the draft PIL was presented by me yesterday. In continuation I am proposing the second part of the draft PIL below.

        1. It is respectfully submitted that the past of the Respondent Smt Pratibha Tai Patil prima-facie appears to be steeped in deeds of ignominy, exploitation of small time depositors and farmers, default and/ or defalcation of public depositors and loan funds and the jewel in the crown appears to be thwarting the criminal murder investigation of the slain Sri V G Patil. The Respondent Smt Rajni Tai Patil W/O late Sri V G Patil has stated that the hired assassins of her husband had pointed a clear finger of guilt towards Respondent Smt Pratibha Tai Patil's brother Dr G N Patil and one Dr Ullas Patil of Jalgaon who were also personally involved in the Prathibha Sahakari Bank Scam and Sugar Mills Scam along with the Respondent Smt Pratibha Tai Patil. One interesting piece of incontrovertible evidence in the Commission of V G Patil's murder was that immediately after the murder was committed, the hired assassins had telephoned to Dr G N Patil on his mobile number from their mobile telephones and spoken to him for about 45 seconds. The records of the call so made were obtained by the Aaj Tak TV News Channel (A copy of this CD is placed before this Hon'ble Court) and the same did establish a criminal nexus between the Patils and hired assassins and normally this would have been sufficient for their arrest by the Police under Section 302 read with Sections 120 B and 34 of IPC as a rule. But the Patils seem to be special exceptions on account of the exceptional reason that the Respondent Smt Pratibha Tai Patil was then the Governor of Rajasthan and with this 'impeccable' and 'glorious' background behind her, the Respondent is now slated to become the first woman President of the Republic of India by force of magic of numbers in the Electoral College commanded by her political sponsors namely UPA, Left, BSP plus Shiv Sena combined.

        2. It is respectfully submitted that the President of India is the highest august office under the Constitution of India. The President is the titular Head of State for all the three wings— Legislature, Executive and Judiciary and is also the Supreme Commander of India's Armed Forces. The Constitution of India invests the President with unique powers enshrined in various Article of the Constitution of India, which may be usefully summarized as under;

        Article 52 of the Constitution mandates that there shall be a President. The office of the President came into being immediately after the Constitution was adopted on 26th November 1949. Article.53 vests the executive power of the union in the President. By Article.72, the Constitution vests in the President the power to grant pardons and remit punishments. By Article.77, all the actions of Central Government are taken or viewed as taken or expressed to be taken in the name of the President. All important appointments of Constitutional Offices are to be made by the President of India : the Prime Minister and other Central Ministers under Article.75; Governors under Article.155; Judges of the Hon'ble Supreme Court of India under Article.124(2) and (3) and the Judges of High Courts under Article.217; Chairman and members of Union Public Service Commission under Article.316; the Attorney General of India under Article.76(1); the Chief Election Commissioner of India and other Election Commissioners under Article.148; the Finance Commission under Article.280; National Commission for the Scheduled Caste and Scheduled Tribes under Article.338 and other Commissions which would report on the administration of the Scheduled areas under Article.339(1); power to investigate the conditions of socially and educationally backward classes under Article.340 ; and on official languages under Article.344(1). Wide powers have been given to the President in an emergency under Article.352 and 360 including the power to suspend the enforcement of Fundamental Rights under Article.359. The President's legislative power extends to the issuing of ordinances during the recess of Parliament under Article.123. He can make regulation for the peace and good governance of the Scheduled Areas under Article.243 and 244. Every Bill to become law requires his Assent under Article.111.He can refuse his assent to a Bill or send it back for reconsideration under Article.111. He can dissolve the House of the People under Article.85(2), convene joint sessions of both Houses and address or send messages to either or both of them under Article.86 and 87. No money can be granted unless recommended by the President under Article.112 nor can money Bills be introduced except on his recommendation and a Bill affecting the powers of the High Courts must always be reserved under Article.200 for his consideration. State laws relating to certain matters have to obtain the assent of The President under Article. 286(3) & 288(2), 31(A), 31(C), and 254 (2). His previous sanction to the introduction of Bill imposing restrictions on trade and commerce in the State Legislatures is necessary under Article.304. His assent is also required for an Amendment of the Constitution under Article.368.

        3. The powers of the President are thus vast. Yet he is intended to stand in relation to the Union administration substantially in the same position as does the King under the English law. He is the nominal or Constitutional Head of the Government.

        4. The duties and functions of the office of the President require that he should be above board and beyond petty considerations of party politics. The President is thus ipso facto, akin to Caesar's wife and quite like her should be, above suspicion and beyond controversy.

        5. The Constitution by Article.71 vested in the Supreme Court, all power, authority and jurisdiction to decide all questions of dispute and doubt as regards all matters pertaining to the Presidential and Vice Presidential Elections. Thus Article.71 states :

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

        a. If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the power and duties of the President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court, shall not be invalidated by reason of that declaration.

        b. Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to, or connected with the election of a President or Vice-President.

        c. The election of the person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the Electoral College electing him.

        6. Your humble Petitioner submits that the Constitution by clause (1) of Article.71 had vested vast powers in this Hon'ble Court while also vesting by Clause (3) of the same Article, the power in Parliament to legislate to regulate any matter relating to or connected with the election of a President or Vice President. In the exercise of said power Parliament had enacted the Presidential and Vice- Presidential Elections Act, 1952 prescribing the procedure for the Presidential and Vice Presidential Elections. THERE IS NOTHING IN THE SAID ACT OF 1952 WHICH IS EVEN REMOTELY CONNECTED TO PREVENTION OF CRIMINALIZATION OF THE AUGUST OFFICES OF THE PRESIDENT AND VICE PRESIDENT. Obviously, the then law makers of 1952 Act had never envisioned or envisaged such a macabre or ghastly possibility as has arisen now, thus leaving a huge vacuum in the statute. But, fortunately for the people of India, the Constitution placed in this Hon'ble Supreme Court by clause (1) of Article.71 to fill in the gaps in the law – cases of casus omissus by Parliament in its enactment hence this PIL. (The final part of the draft PIL Petition to be signed by the common people of India to be presented to the Supreme Court will be presented tomorrow).

        Smt Pratibha Tai Patil can only be viewed as a striking symbol of the ongoing process of ruthless criminalization of Indian politics and public life now being effectively controlled by the UPA coalition headed by Sonia Gandhi. The Courts of Law including the Supreme Court are maintaining an attitude of stoic silence and neutrality between the fire brigade and the fire, between good and evil. The common man in India has become aware of gross judicial abuses, cold judicial neutrality and hot judicial terrorism pervading the entire structure of judiciary in India today. In these columns yesterday I had quoted Theodore Roosevelt's words: “I MAY NOT KNOW MUCH ABOUT LAW, BUT I DO KNOW ONE CAN PUT THE FEAR OF GOD INTO JUDGES”. One can say that “The fear of God” is too capricious, too intermittent. This apart, we need most the wisdom of man. What is needed is a thorough understanding of our Constitutional system in action, as a basis of determining what is the proper scope of judicial control and what conditions are most likely to insure the exercise of this lethal power by ordinary mortals in our Courts of Law, to avoid at once the abuses of tyranny and the timidities of dependence or political slavery to one master.