The state political leadership and legal experts indicated that under the presidential immunity Pratibha Patil is likely to get away with all crime charges.
The state political leadership and legal experts on Tuesday indicated that under the presidential immunity Congress candidate Pratibha Patil is likely to get away with all the charges of crime and land scams. The biggest factor working in her favour is that even if court verdict goes against her in any of the cases as the President she cannot be summoned. Even if she faces a serious charge it will require great political will to pursue the case.
A well-known constitutional expert said, “Patil is not facing any direct allegations or involved in any of the cases that have been challenged before courts or exposed in the media. After she becomes the President she will enjoy Presidential immunity where she cannot be summoned by the apex courts.”
A Supreme Court lawyer explains that the issue under dispute where court has pulled up the CBI relates to Rajani Patil alleging Pratibha Patil’s brother’s role in the murder of her husband. The charge is due to her political clout her brother is being protected.
There is no way to establish her direct involvement in bringing pressure or influencing the case. Even if there is misuse of power by Patil it is very difficult to establish.
The NCP general secretary Gurunath Kulkarni said, “Once she becomes the President she will get the cover of presidential immunity.” He added even if we presume the courts give a verdict against her then it is for the parliament to impeach her by two-third majority. This is a lengthy process.
According to another Congress leader the most talked about case of Presidential impeachment was that of United States President Richard Nixon in Water Gate scandal. But he resigned on his own. In India what remains to be seen is whether there will be a political will to initiate action against the tainted President. Finally, what matters at the end is whether you have the numbers in your favour or not which will determine the future course of action.
Citing the past instances the senior leader said, “Former chief minister AR Antulay had resigned following adverse court strictures. Similarly, Nilengekar has to step down because courts strictures suspected him of misusing his powers for increasing his daughter’s marks to get medical admission. Antulay was also charged of
using his powers to get donation for his trust.”
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