MHA refuses to share details on notice to Rahul Gandhi on complaint questioning citizenship
New Delhi: The Home Ministry has refused to share details on its notice to Congress president Rahul Gandhi following a complaint questioning his Indian citizenship, citing provisions of the RTI Act barring disclosure of information that will, among other things, impede the investigation.
In April, the Home Ministry served a notice to Gandhi, asking him to clarify within a fortnight his "factual position" on a complaint by BJP's Rajya Sabha MP Subramanian Swamy questioning his citizenship status.
In an RTI application, the ministry was asked to provide a copy of the notice to Gandhi and details of the response received from him.
"The information sought cannot be disclosed under Section 8 (1) (h) and (j) of the RTI Act," it said in response to the application filed by PTI.
Section 8 (1) (h) bars disclosure of "information which would impede the process of investigation or apprehension or prosecution of offenders".
Provision (j) bars "information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual...".
Citing Swamy's letter, the Home Ministry said in its notice that it has been brought out that a company named Backops Limited was registered in the United Kingdom in 2003 with Gandhi as one of its directors.
Swamy's letter also mentioned that in the British company's annual returns filed on October 10, 2005 and October 31, 2006, Gandhi's date of birth has been given as June 19, 1970, and he declared his nationality as British, the ministry said.
"Further, in the dissolution application dated February 17, 2009, of the above referred company, your nationality has been mentioned as British.
"You are requested to intimate the factual position in the matter to this ministry within a fortnight of the receipt of this communication," the notice said.
Congress general secretary Priyanka Gandhi had then said, "I have never heard such rubbish. All know Rahul Gandhi was born, raised here".
"The entire Hindustan knows that Rahul Gandhi is a Hindustani...he was born before them...he was brought up before them...he grew up before them...what rubbish is this," she said.
In November 2015, the Supreme Court dismissed a public interest litigation seeking a CBI investigation into the Congress chief's citizenship. It noted that PIL pleas were not meant to target one individual or organisation but were a medium to resolve human suffering through good governance.
Replying to another query in the RTI application, the Home Ministry said it is not required to maintain records of notices issued to individuals on their citizenship status.
"No such records are required to be maintained as per the provisions of the Citizenship Act, 1955 and rules framed thereunder. Hence, information may be treated as 'Nil'," it said.
The ministry was asked to provide details on notice(s) issued to all individuals questioning their citizenship status between 2009 and 2019.
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Will not tolerate bias of Congress anymore: Muslim organisations of Karnataka slam party
Bengaluru: Representatives of leading Muslim organisations, associations and unions from across Karnataka have issued a strong and sharply worded joint statement, declaring that the Muslim community “will no longer tolerate” what they described as the biased attitude of the Congress party towards the community and its leaders.
The organisations said the united support extended by Muslims in the state was the main reason for the Congress party coming to power. However, they alleged that the party and its government are not treating Muslims with dignity, and that there is growing anguish within the community over being repeatedly insulted by denial of proper representation in political appointments and key positions in the bureaucracy.
Referring to the Davangere by-election and recent developments, the statement said the Congress party appears to have sent a clear message to Muslims: “You are merely a vote bank for us. Your job is only to vote for the Congress party. Positions, status, representation and opportunities in the party are alms that we give. If you question your rights or the injustice done to you, disciplinary action will be taken.”
The organisations said this approach is unacceptable and warned that the community will no longer remain silent. They questioned the party’s disciplinary actions against certain Muslim leaders, asking what action had been taken in similar situations in the past involving others. “Otherwise, a serious question arises as to whether the party’s disciplinary rules are applicable only to one community,” the statement said.
Calling the issue one of dignity, the organisations said it is not just about a few individuals but concerns the entire Muslim community. They criticised the Congress for taking unilateral decisions without consulting religious and social leaders and said such actions cannot be justified as mere political decisions.
The statement also accused the party of portraying Muslims as being wrong for asking for fair representation. It said it is not fair to expect the community to campaign for the party without giving them tickets that should have been given fairly, and then initiate disciplinary action on what were described as trivial grounds. The organisations termed the attitude of “you should have simply obeyed what we said” as highly condemnable.
They also expressed concern over what they described as attempts by the party leadership to pit leaders of the Muslim community against each other. At the same time, the statement criticised certain leaders within the community for choosing to pursue personal interests instead of standing firmly against what it called discriminatory policies.
Drawing a comparison, the organisations said that when leaders from some communities commit even serious mistakes or make direct statements against the party, no action is taken and they are instead rewarded. “But if leaders from a particular community deviate even slightly from the party’s diktat, they are subjected to severe punishment this is not fair, this is not acceptable,” the statement said.
Warning of political consequences, the organisations said such discriminatory behaviour will harm the Congress party in the coming days and could lead to a serious setback. They said Muslims had supported the party to ensure a secular government based on constitutional values and to prevent divisive forces from gaining power. However, treating this support as a weakness and assuming that the community has no alternative would prove “politically very costly” for the party.
The organisations strongly condemned what they termed as mistreatment of the community in the name of political calculation and demanded that such unilateral decisions be stopped. They also called for the present decision to be reconsidered.
The statement was issued by a wide group of leaders and organisations, including Maulana Syed Tanveer Hashmi, President, Muslim Muttahida Council, Vijayapura; Abdul Khadeer Saheb, President, Shaheen Group of Educational Institutions, Bidar; Maulana Shabbir Ahmed Nadvi, President, Welfare of Humanity Foundation, Bengaluru; K. S. Mohammed Masood, President, The Muslim Central Committee, Dakshina Kannada and Udupi District and former President of the State Minorities Commission; Haji Mohammed Hanif, General Secretary, The Muslim Central Committee, Dakshina Kannada and Udupi District; Muhammad Maula, President, Udupi District Muslim Okkuta; Yaseen Malpe, Immediate Past President, Udupi District Muslim Okkuta; Maulana Abdul Raqeeb MJ Nadvi, General Secretary, Majlis E Islah Wa Tanzeem, Bhatkal; Ashraf Ali Basheer, Convenor, Muslim Voice of Karnataka, Hubballi; Dr Abdul Kareem, former President, Karnataka State Minorities Commission, Hubballi; K. Ashraf, President, Dakshina Kannada District Muslim Okkuta; Muhammad Hanif, Secretary, Dakshina Kannada District Muslim Okkuta; Maulana Abdul Azeez Darimi, Leader, Sunni Yuvajana Sangha Karnataka; Haji Abubakar Nejar, District President, Sunni Samyukta Jamaath, Udupi District; Mohammad Rafiq, District President, Karnataka Muslim Jamaath, Udupi District; Rafiuddin Kudroli, President, Uniwef Mangaluru; Kasim Shuaiburrahman Qureshi, President, All India Jamiatul Qureshi, Karnataka; Afzal Mahmood, Secretary, Karnataka Muslim Political Forum, Gulbarga; Jabbar Kalaburagi, President, Karnataka Muslim Unity, Bagalkote; Nisar Ahmed, State Coordinator, Eddelu Karnataka, Mangaluru; Naqwa Yahya Malpe, President, Namma Naada Okkoota, Udupi District; Afsar, President, Karnataka Souharda Okkoota, Mandya; Advocate Abdul Jabbar Gola, Vice President, Joint Action Committee, Gulbarga; Advocate Anshad Palya, State Committee Member, All India Lawyers Association, Karnataka and Leader, Hassan District Muslim Organisations Federation; Haji Suleiman Saheb, President, Thirthahalli Taluk Joint Muslim Federation; and Mujahid Pasha of Al Jamaatul Quraish Trust, Basavakalyan.
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