Notice To Gujarat Archbishop by Legal Rights Observatory

 

UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

Regd AD/ Speed Post/ Email

4/12/2017 Archbishop MacWan Archbishop of Gandhinagar Archbishop’s House, House, Sector 8 Gandhinagar 382 008, Gujarat 

Subject:- Legal notice on behalf of my client Vinay Joshi, Convener, Legal Rights Observatory, 140, Murdi, Post- Anjarle, Taluka- Dapoli, Dist- Ratnagiri, Maharashtra- 415 714 .

Sir, Under the instructions and on behalf of my client named above, I am a m issuing the following legal notice against you: 1. That you claim yourself as the Archbishop of Gandhinagar and claim to indu indulge lge in religious activities as the Archbishop of the Church at Gandhinagar, Gujarat.

2.

That it has come to the notice of my client named above that you in

the capacity of Archbishop of Gandhinagar have issued a letter Dated 21/11/2017 addressed to the people; purportedly to Christianity followers raising various political issues in a clandestinely worded religious

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

terminology. You have made unsubstantiated, unfounded and tainted allegations against the democratically elected Government vide the said letter. The allegations as made vide your said letter are not only unsubstantiated unsubstantiate d but also unfounded and intended to make unsavoury remarks on the democratically elected government and blaming “Nationalists” forces. You have also stated the false fact of atrocities on SC/OBCs, poor and claimed that there are attacks on Churches on daily basis. You have further gone to state that the democratic fabric of the nation is at stake.

3.

That , a bare perusal of the said letter alongwith its tone and tenor

shows that the same has been written with the ulterior political objectives of  prejudicing the minds of the people by instigating their religious thoughts and polarize them to vote on religious considerations which is not only illegal but also a clear and flagrant violation of the Representation of People’s Act. You have also tried to mix religion with politics to achieve some hidden agenda of misusing your religious position and misguide the voters on religious lines. You are fully aware that the said is prohibited under law and reference in this regard may be made to the

landmark

 judgement; Bal Thackeray Vs Election Commissi Commission on of India in which Shiv Sena Chief Bal Thackey was stripped off of his voting rights by Supreme Court of India under section 11(a) and RP Act.

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

3.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

That vide your aforesaid letter, you have specifically made serious

acquisitions against the nationalist forces which clearly imply that you do not want nationalist forces to work for the nation and you are instigating the  people of the country against the nationalist forces. Your abovesaid allegation is clearly an attempt to instigate anti national forces of the country  by instigating them against the nationalist nationalist forces. Your attention is invited to the literal dictionary meaning of the word nationalists which is reproduced hereunder for the sake of your understanding understanding:: N ati onali nalist st::

 A person who strongly identifies with their own nation and vigorously supports its interests, especially to the exclusion or detriment of the interests of other nations.

4.

That your abovesaid conduct is clearly intended to cause disharmony

in the forthcoming assembly elections of Gujarat on 9 th December, 2017 as you have made a brazen attempt to instigate the minds of the voters on religious lines by making false statements and allegations which are false to your knowledge . You have also appealed the people to vote on religious lines.

5.

That it is clear that further by your words you have promoted the

enmity between different groups on grounds of religion, caste and communities etc which is prejudicial to maintenance of harmony in the

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

country hence you have committed the offense as punishable under Section 153A of IPC . You also by your act of imputations, assertions prejudicial to the national integration have made and published imputations that any class of persons cannot, by reason of their being members of any religion, racial, language or racial group or caste community, be true faith and allegiance to the Constitution of India is by law established or up hold the sovereignty and integrity of India. You have also made assertions and counselled people by your advice and propaganda which has been published by you in the aforesaid letter so that the Nationalist persons are being denied and deprived of their rights as citizen of India. You have also made public and published the assertion and counselling by making an appeal to the questions which is likely to cause disharmony or feelings of anonymity or hatred and ill will  between the various various religious religious communities in the country country..

6.

That you have further made statements conducting to public mischief

 by circulating the aforesaid letter with the intent to cause fear and alarm to the public whereby the people may be induced to commit an offence against the state or against the public tranquillity. You have also made the aforesaid utterances with the intention to incite the followers of Christianity to commit offence against the other class and community of persons. Your statement is also intended to create and promote enmity, hatred and ill will between classes. Your aforesaid letter clearly creates and promotes hatred amongst the people on the lines of religion.

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

7.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

That my client named above having come to know about your

aforesaid letter and your references in the public has sent you 15 questions asking you your clarification on the aforesaid questions but despite the communication of the aforesaid questions, you have not replied to the same in any manner till date. The aforesaid questions have been also posed to you vide various media reports still you have not replied the said questions thereby it is clearly understood that you have no reply to the said questions and the said questions as raised describe the true facts about your conduct in the matter. The communication issued by my client in this regard is reproduced hereunder for your ready reference and action if you so desire: “15 Questions to Archbishop of Gandhinagar WRT YOUR letter dated November 21, 2017 To, Shri. Thomas Ignatius Macwan,  Archbishop,  Archdiocese of Gandhinagar, With reference to YOUR letter dated November 11, 2017, We wanted to seek clarification from YOUR side on the basis of following points. 1) Did 5 influential Gujarat and Delhi political leaders visit your office from November 10 to 21, 2017? If yes, then what are the names of political leaders which visited your office?

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

2) What did visiting political leaders commit YOU in exchange of issuing letter against Nationalists, if they comes to power after upcoming assembly elections? 2) Who did talk to visiting political leaders as your authorized representative? 3) Did diplomats from various European Countries visit your office  from November November 1 to 21, 2017? If If yes, then was the the visit related to your your  public statement statement which you iissued ssued on Nove November mber 21, 2017? 4) Did you write letter to European Union leaders and Members of  European Parliament, requesting them to raise issue of FCRA cancellation with Government of India? What was their response to YOUR letter? If yes, then Can we get copy of that letter? 5) Before issuing appeal letter on November 21, 2017, did you access  National Crime Record Bureau statistics regarding attacks on Churches, minorities minorities and OBCs? If YES, can YOU provide the figures  from NCRB which are substantiati substantiating ng YOUR allegations regarding  your claims; that crime rates against said social groups are higher in areas where "Nationalists" are ruling? 6) Are YOU seriously thinking upon floating Catholic political party or planning open appeal to vote in favor of any particular political  party? 7) In YOUR said letter, YOU have appealed the people of Gujarat to, "Elect in Gujarat Assembly who would remain faithful to Indian Constitution", Constitutio n", does this m mean ean that Members of incumbent ruling  party in Gujarat are ruling the state unconstitutio unconstitutionally? nally? If YOU think  so, have you ever took legal recourse to bring back incumbent party in Gujarat Gujarat to Constitutio Constitutional nal Path?

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

8) YOUR letter mentions Nationalists are violating human rights in country. The Nationalists you are blaming for HR violations are ruling since May 2014, how many complaints of such HR violations by Nationalists have lodged at NHRC by you or any other Catholic  group? If not, then why YOU preferred to ignore ignore it? 9) If Indian Nationalist with deep hatred for minorities are ruling the nation, then why The Vatican thanked same government (For aggressive diplomatic mission) after safe release of Indian Catholic  Father Tom Uzhunnalil Uzhunnalil wh who o was held ca captive ptive in Yemen? 10) If YOU are really so much concerned about HR violations and  sanctity of Indian Constituti Constitution, on, then why YOUR letter didn't find a  space to mention HR violations committed by YOUR own Catholic Church in North East Indian states, where YOU have demographic and political dominance on ground? 11) Glad to know that YOU are very much sincere about atrocities on OBCs and BCs, but shocked to see that there is complete silence on atrocities committed on STs and NTs of North East India by your own Church people. Do YOU think that STs and NTs are not human beings? By ignoring atrocities committed on STs and NTs; didn't YOU  prove that YOU have different set of standards while dealing with incidences of atrocities? Didn't it prove that YOUR compassion and concerns are SELECTIV SELECTIVE? E? 12) Will YOU reveal who did stall inquiry and arrest of 5 culprits of  gang rape on ST girl in Pynursla in East Khasi Hills of Meghalaya? Will YOU pursue this matter? 13) Will YOU answer who instigated violent protest against funeral of  Bah Kulam Nongrum; Indigenous Khasi priest of Mylliem in Khasi  Hills of Meghalaya? Did YOUR beloved Catholic Church condemn this act?

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

14) Did YOU ever condemn Christianity's conversions-at-gunpoint of  Rangfra and Donyi Polo indigenous faith followers of Arunachal  Pradesh by YOUR own armed groups? Have YO YOU U ever felt the p pain ain of leaving ancestral faith at gun point? Did YOU ever raise voice against it? 15) Can YOU tell Indians who did thwart investigation of abduction and murder of Indigenous Khasi leader Bah Rijoy Singh Khongshah (  Meghalaya)? Did Did YOU ever rai raise se the voice aga against inst culprits?  If YOU ignores our 15 questions, We will assume that you don't have easy and convenient answers to these questions! Hence, after 5th  December 2017 We will declare that Archbish Archbishop op of Gandhinagar is very uncomfortable with these questions and He can't answer our questions because he simply don't have it!  In such case, We would be free to draw our own inferences. So please take pain to answer it and We hope YOU would definitely do that!  Regards, Vinay Joshi Convener”   Convener”

8.

That my client is within his rights to initiate criminal proceedings

against you on the basis of the aforesaid letter and the non-reply to the 15 questions posed to you what to say of another opportunity and to seek your explanation on the issue, despite that my client has instructed me to issue the  present legal notice asking you to explain your conduct and to reply r eply the said

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UMESH SHARMA, Advocate 112, New Delhi House, 27, Barakhamba Road, New Delhi-110001.

Office: 011-23355388 Mob.No.:986823538 Mob.No.:9868235388 8 Email:legalhelplineind Email:[email protected] [email protected]

15 questions as posed by my client to you. My client has also instructed me to ask you to withdraw your aforesaid letter dated 21 st  of November 2017  by making a press release and/ and/or or a public’s statement to this effect and stating that the contents of the said letter are withdrawn.

9.

That before proceeding in the matter, vide this legal notice you are

hereby asked asked to put forth your reply to the afore aforesaid said 15 questions as pos posed ed  by my client and / or also to withdraw your letter dated dated 21st November, 2017 unconditionally by making a public statement to this effect. Please note that the needful on your part is required to be done within one week of receipt of this legal notice failing which my client has clear intentions to Institute criminal proceedings against you for which you shall  be liable.

Copy For further reference and action. Yours

Umesh Sharma