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                                                                               MILAP CHORARIA

B-5/52, Sector-7, Rohini, New Delhi-110085

Website:  http://milapchoraria.tripod.com/msp  / E-Mail:  milap.choraria@yahoo.com

Dated: 5th December, 2010

To,

Dr. Manmohan Singh,

Hon’ble Prime Minister of India,

7, Race Course Road,

New Delhi-110011

 

Sub: For Your Honor’s Kind Personal Attention about the Serious Allegations published against Smt. Sonia Gandhi and Sri Rahul Gandhi, in the New York Times dated 6th October, 2007.

 

Hon’ble Sir,

 

Before coming to the issues of this Memorandum, I may be permitted by Your Honor to explain my backgrounds and reasons for submitting this Memorandum.

 

My Backgrounds

Hon’ble Sir, during Your Honor’s tenure as the Finance Minister of India, I had the good opportunity to see your good-self some 5 times during the pre-budget discussions, then convened under your direction to discuss with the SSI Sector, when I along with the then President of ICSI Mr. S. S. Singhania (since deceased), in my capacity as Hony. General Secretary of ICSI, was able to participate in such discussions in an active manner and also could see/meet your-good-self during the same period on 3 other occasions as well, in Delhi and in Kolkata, in connection with discussions relating to the problems of SSI Sector.

 

Hon’ble Sir, it is a well known fact that because of your exceptional competency, you are what you are today holding the high office of the Prime Ministership, having been chosen to be nominated by the Congress Leader Smt. Sonia Gandhi, in the backdrop of her allegiance to Italian Constitution which was the subject under consideration by the then the President of India His Excellency Dr. A. P. J. Abdul Kalam. I have full confidence that Your Honor being an honest person would not agree to dilute the Constitutional Efficacy of the Office of the Prime Minister, and would also not like to put any covert on any wrong doing, even if committed by Smt. Sonia Gandhi and Shri Rahul Gandhi, since the office of the Prime Minister is bestowed with the sacredness of its own sanctity being a Constitutional Office, which is beyond the pale of any nomination/assignment.

                    

It may not be out of way to say that I have the privilege of hailing from such a family, in which my grand uncle known all around the world as a famous Philosopher Saint in the Jain tradition, His Holiness Acharya Mahapragnyaji (His Holiness’s child name was ‘Nathmal’ son of Late Tolaram Choraria), was born in a small village: Tamkore within District Jhunjhunu (Rajasthan). Under His Holiness’s domain, 2 (Two) of my own Sisters were ordained as Sadhvis by His Holiness Acharya Tulsi himself. From my small Village more than 25 persons were saints under the same Jain sect. His Holiness Acharya Mahapragya and Dr. A. P. J. Abdul Kalam jointly authored a Book: “The Family And The Nation”. Since my very childhood, I have been made to learn and walk the meaning of the moral values, and as such one can only talk about the ‘moral' values, when he/she not only respects the moral values, but equally learns its words and there meaning and walks the same with all his/her heart.

Misuse of Powers by Smt. Sonia Gandhi and Shri Rahul Gandhi?

Hon’ble Sir, whereas, on 19th October, 2010, the 10th Indira Gandhi Conference on the late Leader’s birth anniversary was inaugurated by Your Honor, where UPA Chairperson Smt. Sonia Gandhi, cautioned against rise of ‘graft & greed’ and further claimed that ‘moral universe was shrinking’. Her statement is published by Times of India: http://timesofindia.indiatimes.com/india/Sonia-cautions-against-rise-of-graft-greed/articleshow/6957391.cms. While through a Writ Petition filed before Delhi High Court, my own experiences was that probity and integrity of Smt. Sonia Gandhi and Shri Rahul Gandhi does not appear to be free from any cloudiness. I filed the said Writ Petition before Delhi High Court, considering the permanent allegiance of Smt. Sonia Gandhi and Shri Rahul Gandhi to Italian Constitution. Instead to come forward before the Hon’ble Delhi High Court to defend that legally that they are not covered by allegiance to the Italian Constitution, rather they chose the other path to misuse the backdoor powers to embrace the Judges of Delhi High Court to get dismissed my aforesaid Writ Petition, which was dismissed contrary to Supreme Court Ruling that ‘No Court in India’ can take Judicial Notice of a foreign law’.

 

However, Patriotic Indians should thank the then President of India Dr. A. P. J. Abdul Kalam, after receipt of Fax Message from me as well as similar other representations, on 17th May 2004, who showed the courage, by dissuading Smt. Sonia Gandhi, citing a legal hitch to stake her claim to  form the government. She therefore, despite all the contrived media hype, did not, and could not, become the Prime Minister of India. Reportedly the President had communicated to Smt. Sonia Gandhi on the afternoon of 17th May, 2004, that if she insisted on being invited to form the government, then he would first want to clarify, on a reference to the Supreme Court, whether her appointment as PM could be successfully challenged in the court. My application under RTI Act, seeking information about action taken by the President on my aforesaid Fax Message, the President’s Secretariat although admitted that President considered my fax message, but misused it’s all efforts to hide the correspondence between the then President of India and Smt. Sonia Gandhi. CPIO (being part of Quasi Judicial Body) from the President’ Secretariat obtained illegal opinion from the Attorney General of India on my aforesaid application under RTI Act. My other applications for certified copy of aforesaid illegal opinion obtained by CPIO from the Attorney General on my application under RTI Act is still could not be decided by CIC, because of the hurdles created by the Law Officers, at the cost of consolidated fund of India.

 

In this context I may be also allowed to refer the PIL hearing before the Hon’ble Supreme Court on the issue of the appointment of Mr. P. J. Thomas as CVC, when Top Law Officer of India, Attorney General of India: Mr. G. E. Vanahvati, who is appointed under Constitution of India to protect the ‘Constitutional Proprietary’, and ‘Rule of Law’: made his unconstitutional pleading on behalf of the Government of India before the Bench comprising amongst Hon’ble CJI and Mr. Justice Swatantar Kumar, as it was quoted by several Leading Newspapers in India that “If integrity is the criterion then every judicial appointment will be subject to scrutiny”. Certainly this pleading can as well be linked/connected with dismissal of my aforesaid Writ Petition regarding allegiance of Smt. Sonia Gandhi and Shri Rahul Gandhi by the Delhi High Court by passing an unconstitutional Order contrary to the aforesaid Supreme Court Ruling, that ‘No Court in India can take Judicial Notice of the Foreign Law’, in which final order was passed by the respective Bench of Delhi High Court headed by Justice Swatantra Kumar and within about 15 days from the said Order he was promoted as Chief Justice of Mumbai High Court and then further promoted to SC. However, being honest person and the head of the Government, Your Honor Sir may kindly clarify that what kind of democracy Your Government wants to see/establish, because such pleadings made by Hon’ble Attorney General of India is against the very fundamental principle of democracy.

 

ISSUE REGARDING THIS MEMORANDUM

It is a matter of fact that in 2005, I have raised a strong voice against Indian Black Money of Indians in Swiss Banks. In May 2008, based on a secret Report of the Swiss Bankers Association, which I received from a Prof. of IIMB and circulated by me only after repeated reminders to Swiss Bankers Association to confirm or deny the authenticity of the said secret Report. But the Association chose to maintain a blanket silence, on the issue. The figures mentioned in the aforesaid secret Report of Swiss Bankers Association claimed that India’s $1456 billion, Russia’s $470 billion, UK’s $390 billion, Ukraine’s $100 billion and China’s $96 billion money is deposited in Swiss Banks. Thus such figures based on secret Swiss Bankers Association Report, were circulated worldwide. I am writing a Book on Swiss Banking Secrecy and Indian Money in Swiss Banks. The subject matter of this memorandum, is also very much related to the issue of Swiss Banking Secrecy Policy against UNO’s Charter of Human Rights. It is a matter of fact that PILs filed before Supreme Court by Sri Ram Jethmalani and some other persons based on aforesaid secret report circulated by me, when said matter was published in the Newspapers as Lead Item. In response to my application under RTI Act, it can be submitted that the PMO have done nothing on my several representations submitted during the year of 2005, to retrieve Indian Black Money from Swiss Banks. Considering such non action from PMO, I have decided to take this opportunity to submit photocopies of the following documents obtained/received through Emails/Internet, for your honor’s personal perusal:-

(1)  Photocopy of full page advertisement in the New York Times dated 6th October, 2007, under heading: “Now can Sonia Gandhi represent Mahatma Gandhi on International Non-Violence Day?”;

 

(2)  Decision dated 14th January, 2009 of Judge Nicholas J. Stroumlsos, Jr., of one of the USA Court of New York County in the matter of Indian National Overseas Congress Inc. -Vs- Satyanarayana Dosapati and others (4 pages);

 

(3)  Affidavit submitted before the Supreme Court of the State of New York County of New York on behalf of the defendants in the aforesaid litigation (12 Pages); and

 

(4)  Since in the aforesaid advertisement, name of Dr. Subramanin Swamy (Well Known Professor and President of Janta Party) and his Janta Party’s website (jantaparty.org) has also been referred to, as such, I have also downloaded the matter from the said Website, particularly which were posted under heading ‘Know Your Sonia’ and photocopies of the same are enclosed herewith (74 Pages).

 

 

That the aforesaid full page political advertisement was published in the widely circulated well known International Newspaper: “New York Times” dated 6th October, 2007 by an Organization called as “Forum for Saving Gandhi’s Heritage” making several very serious personal allegations against Shri Rajiv Gandhi husband of Smt. Sonia Gandhi and Shri Rahul Gandhi, out of which I am reproducing here just only two important issues:-

“Her husband Rajiv Gandhi is alleged to have received payments from kGB. According to Schweizer Illustrierte. Rajiv has a secret Swiss account of 22 billion dollars. Her son Rahul projected as next Prime Minister of India, was also detained by FBI with large unaccounted cash at Boston in 2001. (The State Within State by Yevgenia Albats, Swiss Magazine Schweizer Illustrierte 11/1991, Indo Asian News Service).”

 

However, after publication of the aforesaid advertisement, a Corporate House Organization viz. “Indian National Overseas Congress Inc., USA” being Corporate incorporated at the behest of the Indian National Congress, India (President Smt. Sonia Gandhi), which filed few Defamation Suits in USA Courts, against the advertisers of the said full page advertisement, while all these Suits got dismissed. Under the USA legal system, a defamation Suit, should have been filed by the person(s) defamed. In the instant case the effected/defamed persons are none other than Smt. Sonia Gandhi and her son Shri Rahul Gandhi. Therefore, under the USA law, Smt. Sonia Gandhi and Shri Rahul Gandhi should have filed the defamation suit in their personal capacity. Smt. Sonia Gandhi and Shri Rahul Gandhi do have the backing and support of a bunch of well known legal luminaries, including Sri Abhishek Manu Singhvi and Sri Gopal Subramanium. I am referring the name of Sri Gopal Subramanium, because he being my counsel ditched me, in 1993, by playing a game with the help of his junior Mr. S. Murlidhar (who is now a Judge in Delhi High Court), and put me at the mercy of Kolkata Land Mafia. He was also behind the dismissal of my said Writ Petition. In this situation, the very important question still is required to be answered, that in the face of such a serious matter, when such grave allegations are blatantly hurled through such wide advertisement against them personally, then why Smt. Sonia Gandhi and Sri Rahul Gandhi shied away to file the defamation suit in their personal capacity?

Since the aforesaid advertisement contains several very serious allegations against Smt. Sonia Gandhi and Shri Rahul Gandhi, prima-facially seriousness of these allegations, it is obvious that the ‘National Prestige’ in the esteem of the International Arena stands not only lowered but damaged too, as Smt. Sonia Gandhi is the head of the UPA Coalition, the Ruling dispensation and on behalf of which Your-Good-Self is holding the High Office of Prime Ministership and in your own estimation Shri Rahul Gandhi is not only legible but also competent enough to hold the Office of the Prime Minister of India. In such a situation, if the allegations referred therein have the bearing of even an iota of truth, then there is every possibility that the national interests, would get compromised at some level or the other by the concerned officials sitting somewhere in the office of Government of India, by just overlooking their duties to responsibly monitor /supervise whenever such a situation might arise or is needed.

 

Therefore, this is my most humble request to Your Good Office, to kindly issue an appropriate order to verify the true facts through Indian diplomatic channels, whether such News items were published under heading: The State Within State by Yevgenia Albats, Swiss Magazine Schweizer Illustrierte 11/1991, about Rajiv Gandhi and another News item by Indo Asian News Service (possibly from USA) about Shri Rahul Gandhi. And if so, then why these matters are not brought by Indian Diplomatic Corps to the notice of the Government of India at the material time and if the same were placed, then why Government of India did not take appropriate actions, in the respective matters, as these matters are fraught with grave dangers to cause serious damages to the country’s prestige, and Your Good Office also should issue further directions to contact high levels diplomatic channels in present Russian Government (being a major successor Government of the legacy of the erstwhile USSR, which runs the KGB) and also USA to unearth the veracity of such ‘Libelous News Items’. Because, if Shri Rajiv Gandhi have received such huge amounts from the KGB, it is certain that he must have compromised against national interest of India to ensure some important favours for USSR and if Shri Rahul Gandhi was detained by FBI with so much unaccounted money, means he had drawn such money from some unaccounted Switzerland Bank Account(s) and if with the tag of such serious allegation Shri Rahul Gandhi happens to become the Prime Minister of India, at point of time in future, then will it not bring shame to the Indian Democracy.    

 

With Best Regards,

Yours faithfully,

 

 

(Milap Choraria)

Copies of this covering letter and photocopy of the said advertisement to Smt. Sonia Gandhi 10, Janpath, New Delhi-110011 and Sri Rahul Gandhi, 12, Tughlak Lane, New Delhi110 011 with the request to please apprise the Loksabha with a view to inform the citizenry of India, that why they did not chose to file the defamation Suit themselves in their personal capacities, and what actions they have taken to save the national prestige, damaged by the aforesaid advertisement containing such serious allegations against them. 

Copies of this covering letter and photocopy of the said advertisement to:

1.              Dr. A. P. J. Abdul Kalam, No 10, Rajaji marg, New Delhi -110011.

 

2.              Shri Lal Krishna Advani, Chairman of Opposite Party in Parliament;

 

3.              Smt. Sushma Swaraj, Leader of Opposition in Loksabha, and leader of Bharatiya Janata Party(BJP);

 

4.              Sri Arun Jaitly, Leader of Opposition in Rajyasabha;

 

5.              Leaders in the Parliament for all the Political Parties, and Leaders of Political Parties in the States;

 

6.              Shri Ram Jethmalani M. P. and Renowned Jurist,

 

7.              Attorney General of India, Mr. G. E. Vanahvati, 28, Canning Lane, Kasturba Gandhi Marg, New Delhi-110 001.goolamev@vsnl.net.

 

8.              Solicitor General of India, Sri Gopal Subramanium, B-5/7, Safdarjung Enclave, Africa Avenue, New Delhi-110 029.

 

9.              Addl. Solicitor General, (SC), Mr. P.P. Malhotra, 21, UDAY PARK, NEW DELHI-110 049.Email: ppmandco@del3.vsnl.net.in.

 

10.            Addl. Solicitor General, (SC), Ms. Indira Jaising, 1-54, 1st Floor, Nizamuddin East, New Delhi-110 013,

 

11.            Sri Subramanium Swamy, and

 

12.            Swami Ramdevji,