In view of ‘Lalitgate’ BJP should ask Modi to resign and elect another PM. May be Advani! By Hem Raj Jain
19 Jun 2015
It is only a matter of time that the cases of black money etc of Lalit Modi will be heard / monitored by Supreme Court of India (SCI) in which this issue is bound to come-up that why did Government of India (GOI) not appeal against Delhi High Court order of August 27, 2014 (which restored passport to Lalit Modi).
Appeal in SCI was legally imperative as Delhi High Court order (of August 27, 2014) is bad in law because - (1)- Passport can be impounded or revoked under section 10 (3) ( C) of Passport Act in the interests of the general public. (2)- Because Lalit Modi was avoiding (by giving untenable argument of threat to his life) personal appearance before FEMA Authorities in a matter which is concerned with the money of IPL there can not be any other matter which is of more general-public-interest than IPL [which (cricket being the most popular game in India) is thriving on the immense money of ultimately the general public of 1.25 Billion India]. (3)- Enforcing the attendance of any person and examining him on oath is mandated under section 37 of FEMA. which allows the exercise of like powers which are conferred on income-tax authorities under the Income-tax Act. (4)- Therefore GOI was under legal obligation (in the interest of general-public-interest) to appeal in SCI against Delhi High Court order of August 27, 2014.
Though this decision of non-appeal is bound to be the collective decision of GOI but PM Narendra Modi will not invite any criminal prosecution in this matter.
Whereas anybody who knows anything about criminal law knows that (as explained at http://pakistanchristianpost.com/viewarticles.php?editorialid=2435 ) the day a criminal case is filed against Foreign Minister Sushma Swaraj (for helping Lalit Modi in getting travel documents from British Authorities) under section 2 ( C) (ii) (iii) of Contempt of Court Act and even under section 13 (1) ( C) (iii) of Prevention of Corruption Act and in these criminal case the moment Sushma Swaraj says in court that (in this travel document matter) PM Modi was in the loop (which must be the case in view of subsequent said non-appeal of August 27, 2014 High Court order) then PM Modi will also attract criminal prosecution.
Therefore in view of such precarious & tenuous condition of PM Modi in ‘Lalitgate’ (as is popularly called in media) where he will be spared from prosecution only by compromising the impartiality of Indian State, the BJP (as claimed by its members and office bearers, the party with difference which practices clean politics) should (i)- Ask PM Modi to resign (before he, in office, gets trapped in said criminal proceedings and which is highly likely) and (ii)- Elect another Prime Minister (which may be L.K. Advani the most likely choice of BJP Members of Parliament in view of very high stature of Advani in BJP) or any other person (who is presently not in the Cabinet of PM Modi).