Make your own free website on Tripod.com

Citizenship of Sonia-Rahul Gandhi?

Synopsis of the facts
Home | Order Dt. 9th May 2006 | Application U/S 151 of CPC | Written Arguments in support of Restoration Petition | Synopsis of the facts | Main Writ Petition | 2001-SC Judgment on Sonia Gandhi

IN THE DELHI HIGH COURT AT DELHI

(Original Side)

Civil Writ Petition No.   7990         of 2006

(Public Interest Litigation)

 

In the matter of:

Milap Choraria, ……….                     Petitioner

                                                          -Vs-

Union of India and others…..     Respondents

 

LIST OF DATES

 

9th December 1946           Reportedly Respondent No.6 was Born as Antonia Maino to Stefano and Paola Maino in Orbassano, a town 20 km from Turin, Italy

 

1968                                                                        Shri Rajiv Gandhi and the Respondent No. 6 as Antonia Maino married in Delhi, and thereafter named by Smt. Indira Gandhi as Sonia Gandhi.

 

1970                                    Respondent No. 7 was born in India and automatically gets “CITIZENSHIP OF ITALY BY BIRTH”.

 

27th April 1983                  Reportedly Respondent No. 6 renounced her Italy’s Citizenship, though renouncement of her “Right to Citizenship of Italy” for forever was not permissible under the Citizenship Law of Italy.

 

30th April 1983                   Reportedly Respondent No. 6 gets Indian Citizenship, which nothing but amounts to her dual citizenship of Italy and India.

 

October 1999                     Respondent No. 6 elected as Member of Parliament from Amethi Parliamentary Constituency.

 

May 2004                            Respondent No. 7 elected as Member of Parliament from Amethi Parliamentary Constituency.

 

May 2004                            Respondent No. 6 elected as Member of Parliament from Rae Bareli Parliamentary Constituency.

 

 

SYNOPSIS OF THE FACTS

         

1.        That reportedly the Respondent No. 6 was born on 9th December 1946 as Antonia Maino to Stefano and Paola Maino in Orbassano, a town 20 km from Turin, Italy. Her father expired in 1983. Respondent No. 6, while doing an certificate course in English in Cambridge, England, she met Rajiv Gandhi, who later became the Prime Minister of India. They were married in 1968, after which she took up residence in India. The name Sonia was given by her mother-in-law Smt. Indira Gandhi, the then Prime Minister of India. Reportedly, the Respondent No. 6 allegedly renounced her Italy’s Citizenship on 27th April 1983 and thereafter acquired the Indian Citizenship on 30th April 1983.

 

2.        That reportedly, when the Respondent No. 7 was born in the year 1970, his mother Respondent No. 6 unambiguously and exclusively was Citizen of Italy, as till then she had not renounced her Italy’s Citizenship, even the renouncement was always recoverable. Therefore, Respondent No. 7 was also automatically got the “Citizenship of Italy by Birth” under Article 1 of the Citizenship Law of Italy.

 

3.        That in the year of 1999 Respondent No. 6 stood as a candidate from Amethi Parliamentary Constituency for election to the Parliament of India and affirmed oath under Article 84(A) of the Third schedule of the Constitution of India during submission of her nomination papers before the Election Officers i.e. the Returning Officer of respective Parliamentary Constituency being the representative of the Election Commission of India and that after being elected as a Member of Parliament she further affirmed oath before  that is the Speaker of the Loksabha, under Article 99 of the Third schedule of the Constitution of India, after her name was referred in the list of the Members elected for the Loksabha to be newly Constituted in the year 1999.

 

4.        That in the year of 2004 Respondent No. 6 stood as a candidate from Rae Bareli Parliamentary Constituency and Respondent No. 7 from Amethi Parliamentary Constituency for the Loksabha and affirmed their respective oaths under Article 84(A) of the Third schedule of the Constitution of India during before the Election Officers i.e. the Returning Officer of respective Parliamentary Constituencies being the representative of the Election Commission of India and that after being elected as a Member of Parliament they further affirmed oath before the Speaker of the Loksabha, under Article 99 of the Third schedule of the Constitution of India, after her name was referred in the list of the Members elected for the Loksabha to be newly Constituted in the year 2004.

 

5.        That the Constitution of Italy guaranteed Civil Rights as well as fixed duties of the Italian Citizen by birth as follows:

(1).     Clause (1) of Article 14 [Personal Domicile] provides that “Personal domicile is inviolable. (meaning thereby that the Permanent Residence (i. e. Italy) of an “Italian Citizen                                                                                                                                                                                                                                                                                                            by birth” is  inviolable).    

(2)            Clause (2) under Article 16 [Freedom of Movement] confirms the Constitutional Rights of “Every citizen is free to leave the territory of the republic and return to it except for obligations defined by law”. (meaning thereby that a “Italian Citizen by birth” is always entitled to recover his citizenship of Italy)

(3)      Clause (1) of the Article 54 [Loyalty to the Constitution] provides that “All citizens have the duty to be loyal to the republic and to observe the constitution and the laws”. (meaning thereby that an “Italian Citizen by birth”, cannot renounce or alienate his or her Citizenship of Italy thereby cannot renounce or alienate the true faith and allegiance to the Constitution of Italy);

(4 )     Clause (3) of Article 48 [Voting Rights] under  Title IV Political Rights law defines conditions under which the citizens residing abroad effectively exercise their electoral right. To this end, a constituency of Italians abroad is established for the election of the Chambers, to which a fixed number of seats is assigned by constitutional law in accordance with criteria determined by law.” (Meaning thereby that an “Italian Citizen by birth” residing anywhere in the world, is entitled to effectively exercise their electoral right.)

(5)      Article 56 [The House of Representatives] provides under Clause (1) The house of representatives is elected by universal and direct suffrage. Under Clause (2) The number of representatives is six hundred and thirty, of which twelve are elected by the constituency of Italians abroad while Article 57 [The Senate] provides that under Clause (1) The senate is elected on a regional basis except for the seats assigned to the constituency of Italians abroad. (2) Three hundred and fifteen senators are elected, of which six are elected by the constituency of Italians abroad. (Meaning thereby that an “Italian Citizen by birth” residing anywhere in the world, is entitled to effectively exercise their electoral right.)

 

6.        That the Citizenship of Italy by birth was defined by Citizenship Law of Italy as under:

(1)      Under Sub-clause (a) of the Clause 1 of Article 1 of the Citizenship Law of Italy, the Citizen by birth is defined that: “the child of a father or a mother, who are Italian Citizens.”

(2)      Under Sub-clause (c) of the Clause 1 of Article 13 of the Citizenship Law of Italy provides that “He who lost the citizenship shall recover it: if he declares he wants to recover it and he resided or he resides in the territory of Republic, within one year from the declaration;”.

7.        That in view of the aforesaid facts, the Section 5(1)(c) read with Section 5(2) of the Indian Citizenship Act, 1955 is void and enacted against the integrity of the proprietary and sovereignty of the Constitution of India, allowing thereby to the Respondent No. 6 to solemnly affirm (or swear) to bear true faith and allegiance to the Constitution of India under Section 5(2) of Indian Citizenship Act, 1955 by granting Indian Citizenship under Section 5(1)(c) of Indian Citizenship Act, 1955, and thereby further allowing to the Respondent No. 6 to solemnly affirm (or swear) to bear true faith and allegiance to the Constitution of India under Article 84(A) and / or Article 99 of the Constitution of India, even her allegiance to the Constitution of Italy is unequivocally and undoubtedly acknowledged since Respondent No. 6 is not competent to irrevocably renounce / alienate for permanent or forever, her Citizenship of Italy, which always prevails on the hold-on-basis under Sub-clause (a) of the Clause 1 of Article 1 read with Sub-clause (c) of the Clause 1 of Article 13 of the Citizenship Law of Italy and Part I under Title I under Article 14(1) and 16(2) under Part I, Title IV, Article 48(3) and 54(1) of the constitution of Italy;

8.        That under Sub-clause (a) of the Clause 1 of Article 1 of the Citizenship Law of Italy the Respondent No. 7 being son of Italian Mother at the time of his birth, automatically got Citizenship of Italy, with all inherent Rights and Duties, unequivocally protected under the Constitution of Italy and Citizenship Law of Italy, which never can be renounced or alienated and always irrevocably prevails on the hold-on-basis  under Sub-clause (a) of the Clause 1 of Article 1 read with Sub-clause (c) of the Clause 1 of Article 13  of the Citizenship Law of Italy;   

 

9.        That the Respondents No. 6 and 7 are debarred by Article 102 of the Constitution of India, to solemnly affirm (or swear) to bear true faith and allegiance to the Constitution of India under Article 84(A) and 99 of the Constitution of India, since their allegiance to the Constitution of Italy is unequivocally and undoubtedly acknowledged, since they are not competent to renounce / alienate their Citizenship of Italy which always and unequivocally prevails and protected on the hold-on-basis under Sub-clause (a) of the Clause 1 of Article 1 read with Sub-clause (c) of the Clause 1 of Article 13  of the Citizenship Law of Italy and pursuant to Part I under Title I under Article 14(1) and 16(2) under Part I, Title IV, Article 48(3) and 54(1) of the constitution of Italy;

 

10.   That the allegiance to the Constitution of Italy of the Respondents No. 6 and 7 is unequivocally and undoubtedly acknowledged, since they are not competent to irrevocably renounce / alienate for permanent or forever their respective Citizenship of Italy, which always prevails on the hold-on-basis under Sub-clause (a) of the Clause 1 of Article 1 read with Sub-clause (c) of the Clause 1 of Article 13 of the Citizenship Law of Italy and Part I under Title I under Article 14(1) and 16(2) under Part I, Title IV, Article 48(3) and 54(1) of the constitution of Italy.

 

 

New Delhi                                           Filed by (MILAP CHORARIA)

Filed 28th April, 2006                                   Petitioner-in-person

Truth shall prevail