Wednesday, April 08, 2009



Fw: [prohindu] Tale of false affidavits. EC should send a notice of perjury against Rahul

Bharat Gajjar Wed, Apr 8, 2009 at 7:12 AM

----- Original Message -----
From: Mohan Gupta
Sent: Tuesday, April 07, 2009 1:54 PM
Subject: [prohindu] Tale of false affidavits. EC should send a notice of perjury against Rahul

Tale of false affidavits. EC should send a notice of perjury against
Rahul -- Dr. Swamy

PRESS RELEASE of Janata Party

The revelation in New Indian
Express, Chennai today of the false claim of Mr.Rahul Gandhi made in his
affidavit that he holds a M Phil in Development Economics from Trinity
Cambridge University calls from an immediate Notice for perjury to be sent
to him
by the Election Commission. Otherwise, I shall move the Courts for action.
The revelation confirms the disclosure I made after a visit to the
Department of Development
Studies, University of Cambridge in 2005. I was informed by the Department’s
library and revealed in its computer, that
Mr.Gandhi did not complete his M Phil degree because he had failed the
Economic Planning and Policy exam and hence could not fulfil the mandatory
requirement of writing a M Phil thesis (much less defend it). Also,
Trinity College does not award M Phil degrees, and Development Studies
Department has nothing to do with the Economics
Moreover, according to University records Mr.Gandhi as=2 0Raul Vinci had
given his citizenship as ‘Italian
citizen by birth since born to an Italian mother”, and holds an Italian
passport in
that name. He also paid his fees from a numbered account in a tax-haven
Incidentally, Mr.Gandhi had failed the first year B,A in St.Stephan’s
College in Delhi
because, as his sister had in Jesus and Mary College, he failed the Hindi
compulsory course exam.

Sonia Gandhi covered herself with ever lasting fame and glory by filing
false affidavits relating to her non-existent Cambridge
University academic qualifications before the District Election Officer
concerned in U.P. in 1999 and 2004.
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,
recent Certificate makes it clear that he did his M.Phil in Development
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
PenalCode (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 declarationwhich is by law receivable as
evidence/whoever, in any declaration made
or subscribed by him which declaration any Court of Justice or any Public
or other person is bound or authorized by Law to receive as evidence of any
makes any Statement which is false and which he either knows or believes to
false or does not believe to be true, touching any point/material to the
for which the declaration is made or used shall be punished in the same
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
educational qualifications! Now Rahul Gandhi has given a false affidavit two
days ago at Sultanpur relating to his unsurpassed educational
both mother and son have committed punishable offences under the Indian
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
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
Ministers PranabMukherjee. He has recently declared from the public
platform that Rahul Gandhi will be the best choice for the post of Prime
In this suffocating atmosphere of politically shameless sycophancy,
petrifiedadolescence and sanctimonious humbug, I am reminded of the
immortalwords of William Shakespeare:
‘You guilded loam,
You painted clay,
Out-dared dastard,
Caitiff recreant,
Foul anddangerous,
Guilty soul,
Lunatic, lean-witted fool,
Most degenerate,
A parasite,
Keeper-back of Death,
Banished traitor,
Caterpillar of the commonwealth,
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
an Article titled ‘Swamy’s Salvo against Sonia’, I had observed as
follows: ‘Is it not shameful for Sonia Gandhi, that her academic credentials
being questioned by Dr Subramanian Swamy, the former Law and Commerce
Minister of India? Very unfortunately for Sonia and her bonded henchmen in
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
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
Literature, quite unlike our treacherous Congressmen wang ling Padma
Awards for themselves through their sordid political influence. At a
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
examples of this kind are totally irrelevant in the murky context of
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
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
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
of perjury when she wittingly dropped her claim regarding her bogus
educational qualifications from Cambridge University in the Affidavit which
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
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
that once a State posits a judicially enforceable right of its citizens, it
never get circumscribed or circumvented by a State's interest in avoiding
prosecution of stale or fraudulent claims'.
In this context, I would also like to cite from another historic case in
American Supreme Court which is very relevant to the Indian situation
in the case under review. To quote Justice Felix Frankfurter (1882- 1965):
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
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
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
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 – on of course without any further judicial remedy, now
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

(The writer is a retired IAS officer)
e-mail the writer at


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