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M Chakraborty (Director)     23 December 2009

Gorkhaland movement

Chidambaram's annoucement regarding new state Telengana lit fire into other state movements. Indian Constitution have the provision to form a smaller state. But the new state movement for GORKHALAND ... is this legal ???

The Nepal migrants are exercising political rights in India illegally and and most of them have no political right and they even can not raise their voice for a new state. Because, 1950 INDO-NEPAL TREATY no such Articles by which they can exercise political right. But as it is prooved that the 3 times MP of Tezpur (Assam), Mr Mani Kumar Subba is not an Indian citizen. Govt of India will be bound to delete his name from India's electoral role.

I can give you proof that there are at least 50 Lakhs Nepali citizens in India who are not Indian citizen but enlisted their names illegally in Indian voter list. I do not have money. But if any India lover can afford, he/she/they can file a legal case (PIL) for VIOLATION OF ARTICLE 326. I can make the Petition free of charge, with the help of legal people (their charge will be paid by me).

Thanks,

Indian



Learning

 8 Replies

aman kumar (SUPERVISER)     23 December 2009

I M WITH YOU Mr chakraborty  good !

Anil Agrawal (Retired)     23 December 2009

 Dear Sir,

Remember that Nehru accepted the suzerainty of China over Tibet, which English had never done. We are a hospitable nation. We allow Bangladeshis, Nepalese, Tibetans and Pakistanis to come to India, settle down and obtain Indian citizenship.


(Guest)

Indian Government never give seperate statehood for Gorkhaland movement.

 

Anil Agrawal (Retired)     23 December 2009

 Autonomy already given. Statehood on the card. This government can easily be manipulated.

Bhartiya No. 1 (Nationalist)     24 December 2009

Hello sir, as said by respectable Mr. Anil Agrawalji ,

"Remember that Nehru accepted the suzerainty of China over Tibet, which English had never done. We are a hospitable nation. We allow Bangladeshis, Nepalese, Tibetans and Pakistanis to come to India, settle down and obtain Indian citizenship." Holds good. We are soft state any wrong doer from any country are welome in this Great Nuclear Powered Country India. Once trouble will start then just deploy forces.

M Chakraborty (Director)     24 December 2009

Thank you Sir, it is really expected from a true Indian like you.
Article 326, where it is clearly mentioned that NO FOREIGNERS CAN ENLIST HIS / HER / THEIR NAME(S) IN VOTER LIST, is violated here.

Once again, thank you for your kind support

M Chakraborty

M Chakraborty (Director)     24 December 2009

IN REPLY TO MR.ANIL AGARWAL'S MESSAGE

Sir,

Thank you for your reply.
But as per the Govt of India Act (ammended in 1955), Bangladeshis and Pakistanis CAN APPLY for Indian citizenship,

if he or his parents or foreparents is/are born in the territory of India. Here territory of India means the land of India, Pakistan and Bangladesh, NOT NEPAL, BHUTAN, TIBET OR CHINA OR ANY OTHER COUNTRY (as per the Indian Constitution) and the rule is not applicable for Tibetans, Bhutanese and / or Nepalese. You are requested to go through the Act and I believe you will indeed understand the provisions.

As per my knowledge, people from Bangladesh, Pakistan, Bhutan, Tibet, China etc. can not enter inside India without a valid visa. This is a temporary visa which allows the incomers to stay here in India for a maximum period of 180 days. For people who want to stay here for more days, need to register their names with the Ministry of Foreign Affairs. It is not that easy to have Indian citizenship, except the Pakistani and Bangladeshi people (Ref.: Govt of India Act).

I don't know whether there is any such rule as you mentioned in your mail or not. If so, please give me the reference.

 

And regarding the citizenship matter (Indian citizenship) of Nepalese people, following will answer your mail.

EXTRA ORDINARY GAZETTE NOTIFICATION dated 23rd August 1988 of Govt of India (No.: 260011/6/88IC.I)

Whereas it has come to the notice of the central government that there have been some misconceptions about the citizenship at the commencement of the constitution of India of certain classes of persons commonly known as Gorkhas who had settled in India at such commencement. And whereas it is considered necessary to clear such misconceptions it is hereby clarified as follows
1. As from the commencement of the constitution that is as from 26.1.1950 every
Gorkha who had his domicile on the territory of India, that is the territories which
on 26.1.1950 become part of or constituted the territory of India as defined in article 1(2) of the constitution of India and
a) Who was born in the territory of India or
b) Either of whose parents were born in the territory of India or
c) Who had been ordinarily resident in the territory of India for not less than five years before such commencement shall be a citizen of India as provided in the Article 5 in the constitution of India.
2. No such person as referred to in paragraph (1) above shall be a citizen of India or to be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign state as provided in article 9 of the constitution of India,
3. Every person who is a citizen of India at the commencement of the constitution as aforesaid shall continue to be such a citizen subject to the provisions of any law that may be made by parliament as provided in Article 10 of the constitution of India
4. The provisions of the citizenship Act 1955 and the rules and order made there under shall apply to the persons referred to in paragraph (1) after commencement of constitution.
Sd/-
(Indira Misra)
Joint Secretary to the
Government of India


One more thing I understand that I am hospitable. But it does not mean that if any of my guest or friend force me to handover him or her my own land or a part of my residence, I will be ready to do that. It is not viable. I don't think that you or any other person will be ready to handover your / his / her land to another person without any interest. And also in a position when you can not arrange food and clothings for your / his / her family members properly.

Well, nothing to tell more. You are only requested to go through the legal points properly and if you have any confusion, give me the references.

Thanks

 

 

Anil Agrawal (Retired)     24 December 2009

 What is written in law and what is put in practice are two diametrically opposite things. 

If we don't want to see the reality of the presence Bangladeshis, Nepalese, Tibetans and Pakistanis on our soil, none can change the perception.


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