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Bengaluru, India: President, PM, Cabinet, RBI should be prosecuted for killing and harassing people without sanction of law

Alwihda Info | Par Hem Raj Jain - 19 Novembre 2016

Dear Editor

Sub:- Indian President, PM, Cabinet, RBI should be prosecuted for killing and harassing people without sanction of law and by denying their source of livelihood (the bearer currency).

Ref:- Govt. should stop, harassing innocent 99 % of ~ 1.3 Billion people of India, by doing drama of unearthing so-called black-money through de-monetization which was done illegally without taking Cabinet (including more objectionably the Finance Minister) in the loop.

----- The media report that - ‘At the Cabinet meeting before Modi's announcement, ministers were told to keep their mobile phones outside the room and reports suggest that they were not allowed to leave till the PM's decision had been broadcast’ – legally constrains Prez Mukherjee (especially who has been Union Finance Minister hence knows about such massive de-monetization which has already killed 55 persons in addition to huge inconvenience / harassment to people and dislocation of national economic activities) to immediately (i)- Stop innocent-people-penalizer illegal de-monetization process being undertaken without proper cabinet approval (ii)- Dismiss government of PM Modi for illegal demonetization (also for the purpose of benefiting some favored business at the cost of people of India as alleged by even a BJP MLA from Kota, Rajasthan) (iii)- Initiate criminal proceedings against PM Modi and his Cabinet for illegally interfering with currency which has denied Indians their fundamental rights including enforceable right to life under Article 21 of the Constitution (including 55 dead) (iv)- Order fresh Parliamentary elections, as mentioned below:-

Moreover how much theatrical political establishment and State apparatus of India (right from President downwards) are serious about recovering so-called black money is evident from the fact that :-

(A)- They have done nothing to recover Rs ~ 1,000 Trillion of black-money as mentioned at:-

(B)- When preparation for this de-monetization was allegedly going on for the last at-least 6 months, this de-monetization was not done during June 1 to September 30, 2016 when Income Declaration Scheme (IDS) was in force which took only 45 % from the declarer (30 % Tax + 15 % Penalty) and which would have brought much more money in accounted system in contrast to 90 % (30 % Tax + 200 % penalty) which a defaulter has to pay in present de-monetization program.

It goes without saying that if he does not take above mentioned (i) to (iv) action then Prez Mukherjee should be impeached by Parliament and prosecuted.

The worst part of this sordid affair is that national and international community will lose faith in political system of India because nobody (including Supreme Court / NHRC / President / Parliament) is questioning the government of India (GOI) that in this age and country of rule-of-law under what legal authority it is denying the basic human rights of ~1.3 Billion people of India (including 55 dead) by denying their source of livelihood (the bearer currency).

[For the destruction of rule-of-law what is being done by GOI (through illegal demonetization to allegedly eradicate black money etc) is like a Bollywood film (‘Ab-tak 56’ etc) where an encounter-specialist does extra judicial killing of an accused / sentenced prisoner by saying that victim is a menace to the society and can’t be punished as per law (through court) and then most of the audience in the cinema hall clap & whistle in support of the encounter-specialist].

In a nutshell there are three illegalities in this de-monetization program (i)- It violates enforceable fundamental right to life (enshrined in Article 21 of the Constitution) of ~ 1.3 Billion Indians because no law on statute including RBI Act etc (which emanates from Constitution) is above the Constitution (ii)- It violates Article 78 of the Constitution which warrants pre-facto cabinet approval for such massive demonetization (iii)- It violates contractual obligation of RBI where, at the time of replacement of these notes with new notes, ID is illegally being demanded from bearer of Rs 500 & 1,000 notes


Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India

Pour toute information, contactez-nous au : +(235) 99267667 ; 62883277 ; 66267667 (Bureau N'Djamena)