HC issues notice to Govt on petition against Sonia

HC issues notice to Govt on petition against Sonia
PRESS TRUST OF INDIA

New Delhi, Jan 5: The Delhi High Court today issued notice to the Centre on a petition challenging President K R Narayanan's decision to ask Sonia Gandhi to explore the possibility of forming a Government in April 1999 on the ground that she was neither a natural born-citizen nor leader of Opposition in the Lok Sabha at that time.

Also issuing notice to the Election Commission (EC), Chief Justice Arijit Passayat said "prima facie" he was of the view that it should be heard by the court.

He was hearing a writ referred to him by a division bench, which had a divided opinion whether the matter merits hearing or not.

Directing Counsel for the Centre and the EC to appear in the case on January 12, the Chief Justice said he was not hearing the matter on merit today but on the "propriety" of the admissibility of the Public Interest Litigation (PIL) challenging the President's decision.

Senior advocate P N Lekhi, appearing for Rashtriya Mukti Morcha, which filed the PIL, said since there was no judgement of the division bench before the Chief Justice to give his verdict on the bench's split opinion on the question of issuing notice to the respondents, the propriety demanded that the matter should be heard by a larger bench.

A division bench comprising Justice Anil Dev Singh and Justice B A Khan on November 10 had referred the petition to the Chief Justice with a request that it should be heard by a larger bench. While Justice Singh was inclined to issue notices to the Centre and EC, Justice Khan had opined that prima faice there was no merit in the PIL.

The petition was pending before the court since June 1999 and at least three benches had heard before notice stage arguments by Lekhi on the issue.

The RMM, an NGO, in its writ alleged that the President had transgressed his powers by asking Sonia to explore the possibility of forming the Government after the Vajpayee-led coalition had lost the trust vote in Lok Sabha on April 17, 1999.

Under the Constitutional provision and conventions laid down all these years, President should have invited the then recognised leader of Opposition in Lok Sabha and not Sonia, who was not even a Member of Parliament and a natural-born Indian citizen.

Lekhi during long arguments had alleged that Sonia had not forfeited her Italian citizenship because the laws of that country had no provision for surrendering citizenship by its people.

He contended that a person acquiring Indian citizenship under Article 5 of the Constitution by registration, should not be considered for a high public office and cited such provisions in various democratic countries in the world including the US.

The President had no discretion in this matter as he was bound to invite the "acknowledged" leader of opposition in Lok Sabha during the process of consultation on forming an alternative government, instead of a "total stranger" to Parliament, the PIL said.

A very important question of law whether the President's action was "right, correct and reasonable" had arisen by his decision, the petition said.