Why some of the visual media’s are crying hoarse over the Rahul
Gandhi’s latest outburst against Modi led NDA?
How dare they question RG who belongs to the “Neo Dynasty” created by
the “We the People” in the name of democracy? After all, RG is a princeling, a
la PM in waiting.
Ipso facto, Sonia Gandhi has the distinction of being known as the
“Uncrowned Empress of India/Dowager Empress” – sobriquets given by late Ram
Jethalmani.
No wonder, RG is laying claims to inherited lineage of “King can do no
Wrong”. So, persisting with the concept
of sovereign immunity, or crown immunity, as a legal doctrine whereby a sovereign
or state cannot commit a legal wrong and is immune to civil suit or criminal
prosecution.
With Dynast pedigree, no wonder RG has taken the high moral ground that
“those who fight for truth have no price and cannot be intimidated” after the
MHA ordered a probe into NGOs linked to Congress Party – Indira Gandhi
Charitable Trust, Rajiv Gandhi Foundation and Indira Gandhi Memorial Trust.
Don’t the critics of the “Dynasty” realize that “Entitlement” of the
“King/Empress can do no wrong” is their birth right. Of course, they have been
deprived of the “SPG” security category rights and the NSG commandos. They
continue to enjoy the Z+ status (55 personnel that includes 10+ NSG Commando’s
and CRPF) at the cost of their subjects. And, the “Uncrowned Empress” continues
to stay in the 10 Janpath “Palace/Fortress” far more imposing than any others
in the capital.
Better for “We the People”, more aptly, “We the Gullible Majority of
People” to realize, admit and accept that the “Uncrowned Empress” – remaining
vestige of monarchy – deserves to be treated with utmost reverence as subjects
and not as citizens.
Not to be
left behind, the followers of the Dynasty have invoked the usual terms used
nowadays, that is, “political vendetta’ and
"blind witch-hunt" project by a "panicked Modi
government" to cover up failures in countering recent border crisis on the
border with China’s PLA.
In monarchy, the King or Empress is synonymous with State and enjoys
sovereign immunity and could not be liable for damages to mere citizens because
no act of the crown could constitute a legal injury.
Of course, quite a few vociferously criticizing RG in the visual media
debates claiming to be intellectuals have forgotten the inherited adage “the
king can do no wrong.”
The
doctrine of sovereign immunity has been carried forward to obtain government
sanction to conduct probes against senior bureaucrats in corruption cases under
the Prevention of Corruption Act until recently.
It was only
in 2016, the Supreme Court held such a legal provision as invalid. A
Constitution Bench comprising Chief Justice R.M. Lodha and Justices A.K.
Patnaik, S.J. Mukhopadhaya, Dipak Misra and Ibrahim Kalifulla, while allowing
the petitions filed by BJP leader Subramanian Swamy and the Centre for Public
Interest Litigation, held that Section 6A of the Delhi Special Police
Establishment Act, which granted protection to joint secretary and above
officers from facing even a preliminary inquiry by the CBI in corruption cases,
was violative of Article 14.
Furthermore, in Aug, 2017, Justice J B Pardiwala, Gujarat High
Court, slammed and discarded the argument put forth by the state
government, that the act committed under the sovereign authority has immunity.
The HC pulled up the state for claiming immunity from liability for the firing.
“The old and archaic concept of sovereign immunity that the ‘King can do no
wrong’ still haunts us, where the state claims immunity for its tortuous acts
and denies compensation to the aggrieved party,” Justice Pardiwala said.
To sum up, there are two views prevailing in India’s democracy, more
aptly, Kleptocracy. One, those, like RG and the Congress Party, are claiming
sovereignty following the monarchial order prescription that “King can do no
Wrong”. Two, others oppose immunity from
wrong doings during their tenures.
How long in posterity such a practice will continue is best left to the
wisdom of the “We the People” supposedly citizens in democracy Vis a Vis
subjects! No use for critics for breast beating on the visual media when their
leaders continue to uphold the status of “Uncrowned Empress” and Princeling. It
is their “ENTITLEMENT BY BIRTH RIGHT” as long as “We the People” endorse it.
gundreddi5@gmail.com
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