This sublime record of rectitude and decency in public life—positively NOT GANDHIAN but definitely Sonia Gandhian—has not only been maintained but enriched by Rahul Gandhi in his sworn affidavit relating to his candidature in Amethi Parliamentary Constituency which he filed before the District Election Officer concerned in Sultanpur District in U.P. two days ago. It is now clear to all concerned that Rahul Gandhi has filed a false affidavit. He has made a false declaration regarding three main related points about his own academic record in Cambridge University. Firstly, according to the certificate issued by Diana Kazemi, Secretary, Development Studies, University of Cambridge on 22nd April 2008, Rahul Gandhi studied there during the academic year 2004-2005 and not in 1995 as stated by him in his sworn affidavit. Secondly, this recent Certificate makes it clear that he did his M.Phil in Development Studies and not Development Economics as declared by him in his sworn affidavit. Thirdly, he has declared that he took his M.Phil from Trinity College of the University of Cambridge, UK. This is not factually correct. Thus Rahul Gandhi, like his even more distinguished mother in this glorious field, is guilty of the offence of perjury under Sections 179 and 191 of the Indian Penal Code (IPC) and punishable under Section 193 of the Indian Penal Code (IPC). They are also guilty of offences under Section 125A of the Representation of People’s Act (RPA) 1951. In addition he is also guilty of tendering false evidence under Section 199 of the Indian Penal Code (IPC), which reads as follows:‘False Statement made in declaration which is by law receivable as evidence/whoever, in any declaration made or subscribed by him which declaration any Court of Justice or any Public Servant or other person is bound or authorized by Law to receive as evidence of any fact, makes any Statement which is false and which he either knows or believes to be false or does not believe to be true, touching any point/material to the object for which the declaration is made or used shall be punished in the same manner as if he gave false evidence’. First we had the stage managed saga of sacrifice of Sonia Gandhi giving up the post of Prime Minister in 2004 after her election as MP after filing a false affidavit before the District Election Officer in Rae Barielly regarding her outstanding educational qualifications! Now Rahul Gandhi has given a false affidavit two days ago at Sultanpur relating to his unsurpassed educational qualifications!!Thus both mother and son have committed punishable offences under the Indian Penal Code by giving false evidence before a Public Servant regarding their own election. The mother (Sonia) has been hailed by our surrogate Prime Minister as the tallest leader in our land. The more distinguished son (Rahul) has been praised by our surrogate Prime Minister as eminently fit for being appointed as a Union Cabinet Minister. The latest prize of acclaim won by Rahul Gandhi is from the hands of one of the senior most Union Cabinet Ministers Pranab Mukherjee. He has recently declared from the public platform that Rahul Gandhi will be the best choice for the post of Prime Minister.
In this suffocating atmosphere of politically shameless sycophancy, petrified adolescence and sanctimonious humbug, I am reminded of the following immortal words of William Shakespeare:
‘You guilded loam,You painted clay, Out-dared dastard,Caitiff recreant,Traitor,Foul and dangerous,Guilty soul,Lunatic, lean-witted fool, Most degenerate, A parasite, Keeper-back of Death, Banished traitor, Caterpillar of the commonwealth, THOU COWARD MAJESTY!’
When Dr Subramanian Swamy was raising valid legal issues relating to the bogus and fraudulent educational qualifications of Sonia Gandhi from the University of Cambridge, UK, in 2006, in these columns on 21-4-2006 in an Article titled ‘Swamy’s Salvo against Sonia’, I had observed as follows: ‘Is it not shameful for Sonia Gandhi, that her academic credentials are being questioned by Dr Subramanian Swamy, the former Law and Commerce Minister of India? Very unfortunately for Sonia and her bonded henchmen in her party, the academic credentials of Dr Subramanian Swamy are impeccable. When I see some of the Indian politicians like Sonia Gandhi parading their doubtful academic degrees, I cannot help referring to the salutary example of Sir Winston Churchill. Sir Winston Churchill never went to a college or University, nor did he ever claim to have done so. Nevertheless he won the Nobel Prize for Literature, quite unlike our treacherous Congressmen wangling Padma Awards for themselves through their sordid political influence. At a convocation function in one of the famous American Universities, Sir Winston Churchill observed: 'I have received more number of degrees than I have passed exams'. But then he derived his inner strength from himself and not from external trappings like offices of profit, or offices of non-profit under the tottering Government of India. And of course he did not have a questionable citizenship! I am compelled to state this in spite of the fact that examples of this kind are totally irrelevant in the murky context of criminalized Indian Politics today.’
When Dr Subramanian Swamy filed the Writ Petition in the Supreme Court in 2007 challenging the false affidavit of Sonia Gandhi, tragically and disastrously for the innocent and mute millions of India, a three-Judge Bench comprising Chief Justice K G Balakrishnan and Justices B P Singh and G P Mathur asked Dr Subramanian Swamy: 'Should the Supreme Court go into all the affidavits to find out they are false or not. Further investigation is not possible into a stale issue and it should be dropped.'
In these columns on 19th May 2007, in an Article titled ‘The darkest day in our legal history’ had stated: ‘What has been completely overlooked by the Supreme Court in this case is the fact that Sonia Gandhi committed the offence of perjury when she wittingly dropped her claim regarding her bogus educational qualifications from Cambridge University in the Affidavit which she filed before the Returning Officer of Rae Barelli Constituency in 2006.... After the disastrous and wholly avoidable dark day of partition of India on the 15 August 1947, we as a nation sank to abysmal depths of irretrievable degradation yesterday which in my view is the darkest day in our legal history. All the patriotic and LAW abiding citizens of India owing their allegiance to the letter and spirit of the Indian Constitution are shocked beyond words by the fact that the Supreme Court on Friday dismissed a special leave petition filed by Janata Party president Subramanian Swamy against a judgment of the Allahabad High Court that did not allow the court to go into the veracity of an affidavit filed by Congress president Sonia Gandhi regarding her educational qualification while contesting the poll from Rae Barelli constituency. As a citizen believing in the Rule of Law, Rule of Equality Before the Law and the Majesty of Law, I am not convinced by the observation of the Supreme Court. 'Further investigation is not possible into a stale issue and it should be dropped.' In this context, I would like to quote the brilliant words of American Chief Justice William Hubbs Rehnquist (1924 - 2005) in the landmark case of MILLS v. HABLUETZEL, 456 U.S. 91 (1982): 'This Court has held that once a State posits a judicially enforceable right of its citizens, it can never get circumscribed or circumvented by a State's interest in avoiding the prosecution of stale or fraudulent claims'.
In this context, I would also like to cite from another historic case in the American Supreme Court which is very relevant to the Indian situation in the case under review. To quote Justice Felix Frankfurter (1882- 1965): ‘To argue that no genuine issues of material fact remain for trial, is to sweep the entire expanse of American History under the rug as well, and to substitute in its place a veritable host of fictions and fictitious nonsense, of which the American People now have had about all they are willing to take.. Competent waivers of fundamental rights must be knowing, intelligent, affirmative acts done with sufficient awareness, other relevant circumstances and likely consequences.'
All the enlightened citizens and the myriad millions of India were shocked by the wholly one-sided and partisan verdict of the Supreme Court in favour of Sonia Gandhi. The people of India as a whole did not consider it as a STALE VIEW ON A STALE SUBJECT. No honourable and law abiding citizen of India today would care to move the Supreme Court to declare that Rahul Gandhi two days ago has filed a false affidavit regarding his educational qualifications in the same manner as his mother Sonia Gandhi had done in 1999. Their only fear is that there is every possibility of the benefit of the Majesty of Staleness Doctrine laid down by the Supreme Court in 2007 being extended to the false affidavit of Rahul Gandhi also today without any judicial compunction –-- and of course without any further judicial remedy, now or forever.
In my humble opinion neither the incontrovertible facts nor the irrefutable points of law raised by Dr Subramanian Swamy in 2006-2007 can be viewed as STALE in any sense of the word/term. Of course there is nothing fraudulent in or about them. The hopelessly helpless millions of India are of the view that the survival of India as an independent sovereign nation has been completely lost sight of by the highest tribunal of law in the land. All of them are quoting the following words of Rt. Honourable Srinivasa Sastri (1869 -1946) with approval: 'If the salt has lost its flavour, wherewith shall it be salted? It is thenceforth good for nothing, but to be cast out and trodden under foot of men.' GOD SAVE India AND HER PEOPLE! GOD SAVE OUR MOTHERLAND! JAI HIND! |
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