Wednesday, June 27, 2007

Dawood Ibrahim's RTI plan

Here is how Dawood Ibrahim should plan his RTI ( Return to India, quite a few NRIs seem to have been bitten by this bug ).

Step 1: Float a party. Use the usual technique of bribes & intimidation (carrot & stick ?) to win a few Lok Sabha seats.
Step 2: Bargain with parties that want your support for Governor posts. Yes that is right, forget bargaining for ministries etc. Since political parties have not much use for Governor's role, they will happily give you as many as you want.
Step 3: Get your self appointed as a Governor.

Now you are done. You can now come to India, run your empire from the hallowed portals of the Raj Bhavan without any fear that any one can stop you or your activities. You cannot be prosecuted for activities in the past too!!. So as long as you are a governor you should be safe.

And here is why you can do it
From Article 361(2) of the Indian Constitution. [ Thanks realitycheck for pointing that out ]

No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.

Did our founding fathers envisage such a scenario ? They did not. They expected Presidents & Governors to be above board. They envisaged this more in the context of the Raj Pramukh.

Here is an excerpt from the discussions of the constituent assembly

Shri V.S. Sarwate (Madhya Bharat):

Coming to the Constitution itself I may say that every man residing in Indian State would have been happy if the Rajpramukh had not been linked with the Governor and the President. I am reminded of a jibe at Panini, the Sanskrit Grammarian and in one of the aphorisms he had said:

Shwa yuvam dyonah (original in Devanagari)

He applied the same rule to a dog, to a young man and to God Indra. Something like this has happened in this Constitution. I would refer to article 361. The section says: "No criminal proceedings whatsoever shall be instituted or continued against the President or the Governor or Rajpramukh of a State in any court during his term of office". It was quite all right as far as the President or the Governor was concerned; but the clause does not fit in with the Rajpramukh, whose office terminates only with his life. Take a worse case. Supposing a Rajpramukh commits a murder. There is absolutely no remedy against this in this Constitution.

Shri T.T. Krishnamachari (Madras: General): May I point to my honourable Friend that the Rajpramukh will hold his office only subject to the President allowing him to do so and if he commits a murder, he will be removed from the office

Ps : I think Shibu Soren should fire his legal team & his advisors.. Instead of bargaining for coal ministry he should have asked for post of governorship of some state.

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