are VVIPs above law ?

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy. 1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ? 2) What are the privileges conferred on legislators & parliamentarians by the constitution of India? a) Inside the House b) Outside the House 3) What are privileges conferred on constitutional functionaries, like a) President of India b) Prime Minister of India c) Chief Justice of India d) Chairman of NHRC e) Central Vigilance Commissioners. 4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ? a) Cover all their official actions irrespective of merit. b) Cover both their official & personal actions. 5) Are the privileges defined & codified ? 6) Are these privileges above freedom of the press ? 7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ? 8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ? 9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ? 10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ? 11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House. 12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ? 13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ? 14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ? 15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ? 16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more valid) in a democracy ? 17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ? 18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ? 19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.? 20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ? 21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?. 22) What is the criteria for admitting a P.I.L. & giving free legal aid ? 23) Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

are VVIPs above law ? 2

LEGAL IMMUNITY VS LEGAL PROSECUTION We at HRW , have highest regard & respects for the honest few in public service & parliament. It is only due to the sincere efforts of those honest few , wheel of democracy is turning in India. We salute those honest few public servants. We have highest regards & respect for all constitutional institutions & persons. In democratic India , as per law all are equal. However due to manipulation of law some are proving to be more than equals. now criminalization of politics , public service is almost complete. There are many accussed persons in Indian parliament & state legislatures as members of the house – as law makers. Some of these members are making contempt of the house , very august office they hold , constitution of India & citizens of India.. these accussed persons are king makers , they can make or break a government. For the fear of government falling down , their colleagues in the government never give legal sanction to the authorities to to legally prosecute such tainted MPs , MLAs. In this way one helps the other on quid pro quo. As a result , the tainted members misuse the legal immunity privileges. In this backdrop , the recent ruling of supreme court of India is welcome that prior government sanction is not needed to proceed against tainted MPs & MLAs. Hereby , we urge the GOI & all state governments to answer the following questions : 1) how many present MPs , MLAs are facing criminal charges ? how many in the past year wise ?what type ? 2) how many MPs , MLAs are absconders in police records , but are very much present in the house ? 3) how impartiality of investigations is ensured in such cases ? 4) why brain mapping , lie detector tests , etc are not used on such tainted public servants to elicit truth , instead of forming committees , CBI enquiry which takes years spending crores finally returning empty handed ? 5) how many MPs , MLAs , film stars , sports persons have attended parties hosted by anti-national dawood ibrahim abroad ? 6) how wealth growth of public servants is monitored ? 7) what action has been taken about former union minister mr.subramaniam swamy's complaint that late prime minister rajiv gandhi's family received funds from foreign intelligence agency ? 8) what action about KGB officer mitrokhin's revelation in his book that , highest persons in GOI were working for foreign intelligence outfits ? are they still ? 9) what action about former union minister mr.natwar singh's complaint of a leak in PMO which leaked out india's nuclear secrets to foreign countries ? are they still ? 10) how many MPs , MLAs occupied offices of profit prior to recent amendment to the same section ? yearwise ? 11) why all of them were not disqualified from the membership of the house ? 12) how you monitor MPs , MLAs of foreign origin or having spouses of foreign origin or having foreign friends , acquaintances while in India & their tour abroad , from national security perspective ? 13) how many bills passed by the parliament / state legislatures approved by the president / governors are pending enforcement due to delay in gazette notification ? year wise ? delay ?