July 22, 2007

President Elect Prathiba Patil cannot be sued while in office: ‘Highest office brings immunity’

Note: Constitutional expert P.N. Lekhi added that never in the history of India has such a tainted person become the President of the country.

http://www.asianage.com/presentation/leftnavigation/news/india/'highest-office-brings-immunity'.aspx

'Highest office brings immunity'


By SONAL KELLOGG

New Delhi, July 21: President-elect Pratibha Patil, who was accused of being allegedly involved in various criminal activities during the campaigning in the run-up to the elections, has now gained immunity from all cases till she remains in office, according to legal experts.

Commenting on this issue, senior Supreme Court advocate Rajiv Dhawan said, "Under Article 361 of the Constitution, no proceedings can be constituted against the President. But what is extremely odd is that anyone who is accused of any criminal activity would continue to remain in power and not resign from office."

He said the bane of India has been that "we have failed to develop healthy conventions". He said, "Everything cannot be reduced to the law. If we have health conventions, it would stop the perpetuation of politics of shamelessness."

Another legal expert, Supreme Court advocate Prashant Bhushan, said that "no proceedings can be held either in civil or criminal cases while the President is in office."

Ms Patil was accused of irregularities in the Cooperative Bank for Women which she helped to establish and which carries her name.

The cooperative bank was closed down by the Central Bank in 2003 under the weight of its bad debts, amid accusations of financial irregularities by its managers.

The employees union has taken Ms Patil and others to court, claiming loans, meant for poor women, were instead used by her brother and other relatives and not returned.

She was also accused of trying to shield her brother in a murder inquiry.

Constitutional expert P.N. Lekhi added that never in the history of India has such a tainted person become the President of the country.

2 comments:

Sreedhar said...

When 89% of the people of India wants Kalam to reinstate as president? why is pratibha patil made as president. does Sonia wants to influence her Italian mafia style ?? If she wants a women to be a president.. why not patka medkar be made the president when her whole lie has been dedicated to the people of india..

Sree

Sreedhar said...

Sreedhar said...

When 89% of the people of India wants Kalam to reinstate as president? why is pratibha patil made as president. does Sonia wants to influence her Italian mafia style ?? If she wants a women to be a president.. why not patka medkar be made the president when her whole life has been dedicated to the people of india..