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Notice under Section 80 of CPC with refrence to Italian Law
Home | Notice under Section 80 of CPC with refrence to Italian Law | Appeal to the Nation on Mahatmas 137th Birth Anniversary | Websites relating to Milap Choraria:

The following Notice is POSTED vide Receipt Nos. ED 254294538 IN, ED 254294538 IN, ED 254294538 IN. ED 254294538 IN, ED 254294538 IN and ED 254294538 IN dated 13th March, 2007 of the Rohini Post Office

 

Notice under Section 80 of Civil Procedure Code, against playing of the Union of India with the integrity and sovereignty of the Constitution of India, with reference to the provisions of the Constitution of Italy and Citizenship law of Italy

From:-

Milap Choraria,

Son of late Shri Deep Chand Choraria

Resident of B-5/52, Sector-7, Rohini,

Delhi-110085                  dated 12th March, 2007                                                      

To,

1.         Union of India,

Through Cabinet Secretary to the Government of India,

Rashtrapati Bhawan,

New Delhi-110004

 

2.         The Secretary to the Government of India,

The Ministry of Home Affairs,

North Block, Central Secretariat,

New Delhi - 110 001

 

3.         The Secretary to the Government of India,

Ministry of Foreign Affairs,

North Block,

New Delhi-110001

 

4.         Indian Embassy in Italy represented by

Indian Ambassador to Italy,

Through Secretary to the Government of India,

Ministry of Foreign Affairs,

North Block,

New Delhi-110001

 

5.         The Secretary to the Government of India,

Ministry of Home Affairs,
Foreigners Division,
Jaisalmer House, 26 Man Singh Road,
New Delhi-110 011

 

6.                   The Commissioner of Police,

Delhi Police,

Delhi-110002

 

Sirs,

 

1.                   That some powerful person or persons, having ‘Italian Citizenship by birth’, get Indian Citizenships under the Indian Citizenship Act, 1955, which otherwise should have been declared void  under the Constitution of India, if the Union of India would not have played against the proprietary of the integrity and sovereignty of the Constitution of India. The some of amongst them even get constitutional positions holding the Constitutional Offices, contrary to provisions under Article 84, 99 and 102 of the Constitution of India. As such vides the application No.RTI/PMO/02/2006 dated 22nd August 2006, under Section 6 of Right to Information Act, 2005, before the Central Public Information Officer, Prime Minister’s Office, New Delhi-110003, I wanted to know from the Central Public Information Officer, Prime Minister’s Office, New Delhi-110003 that what action the Government of India have taken or is contemplating to take in compliance of the Article 102 of the Constitution of India, so one having Italian Citizenship by Birth, even if he or she might be claiming to be renounced his/her Italian Citizenship, should be disqualified for being chosen as, and for being a member of either House of Parliament under Article 102 of the Constitution of India.

 

2.         That Citizenship Law of Italy and Constitution of Italy in Italian Language are available at the Website of the Government of Italy: http://www.giustizia.it/cassazione/leggi/191_92.html and http://www.quirinale.it/costituzione/costituzione.htm respectively. The English translated copies of the Constitution of Italy, obtained by me through Electronic process (Internet) was downloaded from an Website http://www.oefre.unibe.ch/law/icl/it00000_html, Controlled and managed by renowned ‘International Constitutional Law Organizations’, and was translated by Prof. Carlo Fusaro, (the then working as an Faculty of Political Sciences ‘C. Alfier’, under Department of Public Law, University of Florence, Italy), with the help of Dr Federico Signorini and Dr Ignazio Castellucci. The English Translation of the ‘Citizenship Law of Italy’ was obtained by me electronically by me from the website: http://www.legislationline.org/legislation.php?tid=11&lid=1436 controlled and managed by the ‘Organization for Security and Co-operation in Europe’. The aforesaid English Translation of the ‘Constitution of Italy’ and ‘Citizenship Law of Italy’ are expert’s opinions, under Section 45 of the Indian Evidence Act, 1872, till not proved otherwise.

 

3.         That in accordance with the aforesaid English translated copy of the aforesaid documents, 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, one ‘Italian by birth’ never can renounce his/her “Right to Citizenship of Italy”, which undoubtedly prevails permanently, irrevocably, unequivocally and forever, even if one might have renounced his/her Citizenship of Italy. It is always recoverable at any time even in remote future, on the expiry of one year from the date of their declaration to the effect in the prescribed manner, without any interference from the administration of the Italy. Thus renouncement of Italian Citizenship, if any, is only temporary in character and nature and never be final. Thus ‘Italian citizen by birth’ always having allegiance to the Constitution of Italy, even if he/she gets citizenship of India, under dual citizenship or otherwise.

 

4.                   That in the worldwide websites of the embassies of the Italy under the specific page under heading: Citizenship this is referred in clear terms that:

“GETTING ITALIAN CITIZENSHIP BACK ONCE LOST

Italian citizenship can be reinstated once it is lost:

Automatically

One year from the date in which residence is established in Italy, except in the case of renunciation within that same period.”

     

5.                   That aforesaid opinion is conformed from the websites of the embassy of the Italy in Chicago, which under the specific page under heading: Citizenship referred in clear terms under the heading “PLEASE NOTE” that: THE ITALIAN ADMINISTRATIVE AND LEGAL SYSTEMS DO NOT FORBED A PERSON FROM HOLDING DUAL CITIZENSHIP. AT THE SAME TIME, ALL REGULATIONS PERTAINING TO THIS SUBJECT MATTER MAKE IT VERY CLEAR THAT THE MERE FACT THAT ONE HOLDS ANOTHER CITIZENSHIP DOES NOT EXEMPT THE INDIVIDUAL FROM ABIDING BY THE ITALIAN LAWS.” And further referred that ”PURSUANT TO ITALIAN LAW, A CITIZEN OF ITALY, EVEN IF HOLDER OF ANOTHER CITIZENSHIP IS ONLY ITALIAN, BECAUSE IN VIEW OF THE LAW IT IS THE ITALIAN CITIZENSHIP THAT PREVAILS OVER ANY OTHER.”    

 

6.                   That my said application was transferred by the Central Public Information Officer of the Prime Minister’s Office to the Ministry of Law and Justice. However, the matter was decided by Shri N. L. Meena, Joint Secretary & Legislative Counsel, & the Appellate Authority under Section 19 of the RTI Act, 2005 from the Ministry of the Law and Justice, Legislative Department, Vide Memo Letter: Appeal Case No. 5-F. No. 4/2006-RTI(P) dated 18.12.2006 decided that ‘this Department is not concerned with the subject matter’. Since the aforesaid application was placed before the Prime Minister’s Office, hence such reply is presumed to be from the entire Union of India, and appears an act of transfer of the responsibility from one to another Department to save the holding of the Constitutional Offices by ‘Italian Citizens by birth’ having their says political powers.

 

7.     That with the object to remove any doubt that union of India, under political pressure or otherwise is playing with the proprietary of the integrity and sovereignty of the Constitution of India, I have further submitted application No. RTI/MEA/01/2007, dated 15th January, 2007, before the Central Public Information Officer, Ministry of External Affairs, New Delhi, stating that I want to know through you that whether the Government of India, represented by the Ministry of the External Affairs, ever tried to find out the fact, with the help of its Embassy in Italy that in view of the Section 5(1)(c) of the Citizenship Act, 1955 of India, the following provisions of the Constitution of Italy and Citizenship Law of Italy, hit the provision of the Article 102 of the Constitution of India, whenever Indian Citizenship is granted to any one, having Italian by birth. In the said application I referred the Italian Provisions, which provides as follows:

Constitution of Italy:

Article 14 [Personal Domicile]

(1) Personal domicile is inviolable.

(2) No one's domicile may be inspected, searched, or seized save in cases and in the manner laid down by law conforming to the guarantee of personal liberty.

(3) Verifications and inspections for public health and safety, or for economic and fiscal purposes are defined by law.

Article 16 [Freedom of Movement]

Every citizen has the right to reside and travel freely in any part of the national territory except for limitations provided by general laws protecting health or security. No restriction may be imposed for political reasons.

Every citizen is free to leave the territory of the republic and return to it except for obligations defined by law.

Article 48 [Voting Rights]

All citizens, men or women, who have attained their majority are entitled to vote.

Voting is personal, equal, free, and secret. Its exercise is a civic duty.

The law defines the 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.

The right to vote may not be limited except for incapacity, as a consequence of an irrevocable criminal sentence, or in cases of moral unworthiness established by law.

Article 54 [Loyalty to the Constitution]

(1) All citizens have the duty to be loyal to the republic and to observe the constitution and the laws.
(2) Citizens entrusted with public functions must perform them with discipline and honor, and take an oath of office where required by law.

CITIZENSHIP LAW OF ITALY

ART.1

1. Citizen by birth is:

a) the child of a father or a mother, who are Italian citizens;

b) a person who was born in the territory of the Republic if both parents are unknown or stateless, or if the child does not follow the citizenship of the parents according to the law of the State to which the parents belong.

2. The child of unknown parents who is found abandoned in the territory of the Republic shall, unless possession of another citizenship is proved, be deemed citizen by birth.

ART.11

1. The citizen who possesses, acquires or regains a foreign citizenship shall keep the Italian one. Nevertheless he may renounce the Italian citizenship if he resides or settles down abroad.

ART.13

1. He who lost the citizenship shall recover it:

if he is in the Italian Army and he previously declares he wants to recover it;

if he accepts or accepted a public office for the State, even abroad, and he declares he wants to recover it;

c) if he declares he wants to recover it and he resided or he resides in the territory of the Republic, within one year from the declaration;

d) after one year from the establishment of the residence in the territory of the Republic, unless he express renounced within the same term;

e) if he lost his citizenship because he did not obey the order of abandoning the military service for a foreign State or the office granted by a State, by a foreign public body or by an international body and he declares he wants to recover it, on condition that he has resided in the territory of the Republic for at least two years and he proves that he abandoned the public office or the military service he has undertaken notwithstanding the order provided by art.12, comma 1.

2. He who lost the Italian citizenship according to art.3, comma 3 and art.12, comma 2 may not recover it.

3. In the cases provided by comma 1, lett. c), d), e), the acquisition of citizenship has no effects if it is forbidden by decree of the Minister of Internal Affairs, for severe reasons and the agreement of the State Council. This prohibition may take place within one year since the established conditions happened.

ART.17

1. He who lost citizenship pursuant artt.8 and 12 of statute 13 June 1912, n.555, or for not having taken the option provided by art.5 of statute 21 April 1983, n.123, shall recover it if he declares, within two years from the implementation of this statute, that he wants to recover Italian citizenship.

2. Art.219 of statute 19 May 1975, n.151, is still in force.

ART.23

1. The statements for acquiring, keeping, recovering and renouncing citizenship and the swearing provided by this statute are set out before the registrar of the commune where the declarant resides or intends to settle down, or, in case he resides abroad, before the diplomatic or consular authority of the place of residence.

2. Statements provided by comma 1, and acts or provisions concerning the lost, the keeping and the recovering of Italian citizenship shall be transcribed in the citizenship-registers and shall be annotated in the birth-certificate.

 

8.       That after expiry of the mandatory period of the 5 days provided by the RTI Act, 2005, and after about 50 days, the aforesaid application dated 15th January, 2007, was forwarded vide Memo Letter No. RTI/551/30/2007 dated 06th March, 2007, under the signature of Mr. A. K. Nag, Joint Secretary (Wel. & Inf.) & Central Public Information Officer, Ministry of External Affairs (RTI Division) to Shri B. V. Gopinath, Director & CPIO of Ministry of Home Affairs, Jaisalmer House, New Delhi, claiming that Ministry of Home Affairs is the nodel Ministry in respect of granting of Citizenship.   

   

9.                   That from the aforesaid views taken and reply made by the different Departments of the Union of India, this is shows in amply clear terms that the Union of India is intended to hide true facts from Indian Citizenry relating to actual impact of the Italian Laws, causes serious threats to the integrity of the proprietary and sovereignty of the Constitution of India.

       

10.               This is also a matter of the fact that I am a severe victim of the Politic-Crime-Nexus. I placed the full facts in the knowledge of the Union of India, including the Home Ministry through various representations. But no results. As such I am well conversant with the fact that the Union of India is neither duty bound to the statute nor is interested to protect the fundamental rights of the citizenry, whenever such rights are infringed or seriously grabbed under politics-crime-nexus. I am raising the issue of Italian Citizenship vis--vis the National Importance, just to protect the integrity of the proprietary and sovereignty of the Constitution of India, even undertaking the serious risks to my life and liberties, since political hooliganism can go to any length to eliminate me, at any time, in revenge or retaliations to my actions relating to the issues pertaining to the Italian law.

 

11.        Therefore, hereby please take notice under Section 80 of the Civil Procedure Code to admit following true facts relating to the Citizenship Law of Italy and the Constitution of Italy within 60 days from the date of the receipt of this Notice, to place true facts before Citizenry of India:

1.       Admit that under Article 1 of the Citizenship Law of Italy provides under Clause 1. as “Citizen by birth is: a) the child of a father or a mother, who are Italian citizens”;

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

3.       Admit that Part I Rights and Duties of Citizens Title I Civil Rights under Article 14 [Personal Domicile] of the Constitution of Italy provides (1) Personal domicile is inviolable.”

4.       Admit that Part I Rights and Duties of Citizens Title I Civil Rights under Article 16 [Freedom of Movement] of the Constitution of Italy provides (1) Every citizen has the right to reside and travel freely in any part of the national territory except for limitations provided by general laws protecting health or security. No restriction may be imposed for political reasons. (2) Every citizen is free to leave the territory of the republic and return to it except for obligations defined by law.

5.       Admit that Part I Title IV Political Rights under Article 48 [Voting Rights] of the Constitution of Italy provides following provisions: 

(1) All citizens, men or women, who have attained their majority are entitled to vote.
(2) Voting is personal, equal, free, and secret. Its exercise is a civic duty.
(3) The law defines the 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.
(4) The right to vote may not be limited except for incapacity, as a consequence of an irrevocable criminal sentence, or in cases of moral unworthiness established by law.

6.   Admit that Part I Title IV Political Rights under Article 54 [Loyalty to the Constitution] of the Constitution of Italy provides following provisions:

(1)                All citizens have the duty to be loyal to the republic and to observe the constitution and the laws.

(2)                Citizens entrusted with public functions must perform them with discipline and honor, and take an oath of office where required by law.

7.   Admit that under Part II Organization of the Republic Title I Parliament Section I The Two Chambers Political Rights under Article 56 [The House of Representatives] of the Constitution of Italy provides following provisions:
(1) The house of representatives is elected by universal and direct suffrage.
(2) The number of representatives is six hundred and thirty, of which twelve are elected by the constituency of italians abroad.
(3) Eligible are voters who have reached the age of twenty-five on election day.
(4) Having set aside the seats assigned to the constituency of italians abroad, the distribution of seats among the constituencies is calculated by dividing the population of the last general census by six hundred and eighteen, and distributing the seats in proportion to the population of each constituency, based on the quotients and the largest remainders.

8.   Admit that Part II Organization of the Republic Title I Parliament Section I The Two Chambers Political Rights under Article 57 [The Senate] of the Constitution of Italy provides following provisions:

(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.

(3)                No Region shall have fewer than seven senators; Molise has two senators and the Aosta Valley one.

(4)                Having set aside the seats assigned to the constituency of italiens abroad, the distribution of seats among the regions is calculated proportionally to the population of the last general census, based on the quotients and the largest remainders.

 

12.               That all of you representing the Union of India and constitutionally as well as Legally responsible Departments to protect the proprietary of the integrity and sovereignty of the Constitution of India, to collect true facts relating to Italian Constitution and Citizenship Law of Italy, which makes serious impacts upon the Article 84, 99 and 102 of the Constitution of India. But, all of you do not perform such Constitutional or Statutory duty to collect aforesaid true facts and not admit in writing the aforesaid true facts relating to Citizenship Law of Italy and the Constitution of Italy, within the 60 days, from the date of receipt of this Notice under Section 80 of the Civil Procedure Code, then I would file a Civil Suit for appropriate declaration and Injunction and other relief, including followings:

(a) for declaration that in view of 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, an ‘Italian Citizen by birth’ never can renounce his/her “Right to Citizenship of Italy”, which undoubtedly prevails permanently, irrevocably, unequivocally and forever, even if one might have renounced his/her Citizenship of Italy;

(b) for declaration that Italian Citizenship is always recoverable for Italian by birth; if he or she renounced it; at any time, even in remote future, on the expiry of one year from the date of declaration to the effect in the prescribed manner;

(c) for declaration that renouncement of Italian Citizenship is only temporary in character and nature and never be final;

(d) for declaration that the Italian citizen by birth, is undoubtedly prevails permanently, irrevocably, unequivocally and forever allegiance to the Constitution of Italy, even if might have renounced his/her Citizenship of Italy and gets citizenship of India, under dual citizenship or otherwise; and

(e) for injunction upon the Union of India to collect within 60 days from the date of Order o Court: true facts relating to 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, an ‘Italian Citizen by birth’ never can renounce his/her “Right to Citizenship of Italy”, which undoubtedly prevails permanently, irrevocably, unequivocally and forever, even if one might have renounced his/her Citizenship of Italy since ‘Italian Citizenship’ is always recoverable for Italian by birth; if he or she renounced it; at any time, even in remote future, on the expiry of one year from the date of declaration to the effect in the prescribed manner, without any interference from the administration of the Government of Italy, and that the “Renouncement of Italian Citizenship” is only temporary in character and nature and never be final; and the ‘Italian citizen by birth’, is undoubtedly prevails permanently, irrevocably, unequivocally and forever the allegiance to the Constitution of Italy, even if might have renounced his/her Citizenship of Italy and gets citizenship of India, under dual citizenship or otherwise.

 

13.        That in case, if anything happens to my life or body or property by political hooliganism, or otherwise, the Union of India would be Liable to pay appropriate amounts to compensate. 

 

Yours’ Citizen of India,

 

 

(Milap Choraria)

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

http://milapchoraria.tripod.com/msp

Copies through Email:

1.                   His Excellency President of India Dr. A. P. J. Kalam, (Also a Hard Copy too to His Excellency)

2.                   Hon’ble Prime Minister of India,

3.                   All Political Parties having Members in Parliament more than 10 Members,

4.                   All Members of Parliament, having Email Address.

5.         Printing as well as Electronic Media.