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Opposition protecting Government and RBI from prosecution under Section 304 A IPC etc


Alwihda Info | Par Hem Raj Jain - 24 Novembre 2016 modifié le 24 Novembre 2016 - 18:10

Bengaluru, India


Sub:- Deaths caused by negligence in demonetization program warrants prosecution of Government India led by PM Modi and RBI officials

--- In Parliament (Rajyasabha) the former Prime Minister Dr Manmohan Singh on November 24, 2016 said that about 70 deaths have happened due to monumental mismanagement of demonetization program under Section 26 (2) of Reserve Bank of India Act (the program which is supposed to be with Cabinet approval under Article 78 of the Constitution of India)

Therefore Government of India (GOI) led by PM Modi (including its Cabinet) and RBI officials are legally expected to be prosecuted under Section 304 A of Indian Penal Code (IPC) which reads as – “[CAUSING DEATH BY NEGLIGENCE.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both]”.

But opposition parties in India are trying to protect Government of India and RBI from prosecution under Section 304 A IPC etc

Here it is in context to add that if any driver kills some body by car / truck due to negligent driving then the driver is prosecuted and punished under Section 304 A of IPC.

In addition to proof the former PM Dr. Manmohan Singh (who was also Chief Economic Adviser to GOI, RBI Governor, Head of Planning Commission of India, Finance Minister of India) may be having about criminal negligence of Government of India and RBI the following additional proofs can also be taken into consideration which added the hardship of the victims and which resulted in these ~ 70 deaths:-

(1)- ID was illegally demanded from the bearer of the notes while replacing old notes with new notes despite mention on the notes by RBI Governor that ‘I promise to pay to the bearer’ of Rs 500 & 1,000 notes, which were demonetized.

(2)- The GOI and its political and other defenders are spreading a canard that under Section 26 (2) of Reserve Bank of India Act this demonetization and after that whatever GOI & RBI have been doing is legal, but in reality& in law it is wrong. The Section 26 (2) of RBI Act reads as – “On recommendation of the Central Board the [Central Government] may, by notification in the Gazette of India, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender [save at such office or agency of the Bank and to such extent as may be specified in the notification]”.

In Section 26 (2) of RBI Act - “and to such extent as may be specified in the notification” - is most important. If RBI or its office or agency (like Post Office and Banks) refuse to exchange the old notes with new notes by saying that there is no currency available (as per extent or limit say Rs 2,000 or 4,000 per day etc specified in the notification) then Court can declare RBI (through its office or agency) as Bankrupt (because it is unable to repay outstanding debts) and can declare such ‘Immediate-cutoff-demonetization’ illegal.

[Because this extent, as specified in the notification, when un-fulfilled (that too and especially regarding currency) would violate constitutional fundamental right of life & liberty of the people under Article 21 and also the constitutional right to property under Article 300A which says no person shall be deprived of his property (currency etc) save by authority of law].

The observation on November, 18 by Supreme Court of India - that if situation (about availability of currency at Post offices and Banks) does not improve then there may be riots - is precisely the situation where Court can declare RBI bankrupt and declare this demonetization [where Rs 500 and 1,000 notes were cutoff (denied as legal tender) at the notice of 4 hours in the night], illegal.

Hence former PM Dr Singh rightly said in Parliament on November, 24 that this monumentally mismanaged demonetization is ‘organized loot and legalized plunder’.

The above mentioned illegalities committed by GOI and RBI also added the hardship of the victims and resulted in these ~ 70 death which are deaths by criminal negligence on the part of GOI and RBI.

It is hoped that even now opposition political parties of India (through Parliament and other State agencies) will ensure the prosecution of Government India (GOI) led by PM Modi and RBI officials for criminal negligence, act done in common by all and for criminal conspiracy under section 304 A, 34, 120 (B) IPC etc.

Regards

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India.


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