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'Highest office brings immunity'

'Highest office brings immunity'

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.


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