Author: Sonal Kellogg
Publication: The Asian Age
Date: July 22, 2007
President-elect Pratibha Patil, who was accused
ofbeing allegedly involved in various criminal activities during thecampaigning
in the run-up to the elections, has now gained immunity fromall cases till
she remains in office, according to legal experts.
Commenting on this issue, senior Supreme Court
advocate Rajiv Dhawansaid, "Under Article 361 of the Constitution, no
proceedings can beconstituted against the President. But what is extremely
odd is thatanyone who is accused of any criminal activity would continue to
remainin power and not resign from office."
He said the bane of India has been that "we
have failed to develophealthy conventions". He said, "Everything
cannot be reduced to the law.If we have health conventions, it would stop
the perpetuation ofpolitics of shamelessness."
Another legal expert, Supreme Court advocate
Prashant Bhushan, saidthat "no proceedings can be held either in civil
or criminal cases whilethe President is in office."
Ms Patil was accused of irregularities in
the Cooperative Bank forWomen which she helped to establish and which carries
her name.
The cooperative bank was closed down by the
Central Bank in 2003 underthe weight of its bad debts, amid accusations of
financialirregularities by its managers.
The employees union has taken Ms Patil and
others to court, claimingloans, meant for poor women, were instead used by
her brother and otherrelatives and not returned.
She was also accused of trying to shield her
brother in a murderinquiry.
Constitutional expert P.N. Lekhi added that
never in the history ofIndia has such a tainted person become the President
of the country.