New Delhi [India], Advocate Hari Shankar Jain wrote a letter of complaint to President Droupadi Murmu, urging the disqualification of AIMIM chief Asaduddin Owaisi under Article 102(1)(d) of the Constitution of India . The complaint was filed after Owaisi's swearing-in as a member of the Lok Sabha on June 25, where he raised the slogan "Jai Palestine".
In his letter, Jain argues that Owaisi's actions demonstrate loyalty to Palestine, a foreign state, which he claims is grounds for disqualification from Parliament.
Jain's complaint highlights that Article 102 of the Constitution disqualifies any person from being a member of Parliament if they acknowledge allegiance to a foreign state. He highlights the seriousness of the situation, calling it a threat to national security and a violation of constitutional provisions meant to ensure the sovereignty and integrity of India.
“I respectfully pray that Your Majesty may be pleased to:- Disqualify Mr. Asaduddin Owaisi, elected from the 9th Lok Sabha Parliamentary Constituency in Hyderabad to the 18th Lok Sabha for being disqualified under Article 102(1) ) of the Constitution of India for raising the slogan "Jai Palestine" showing his recognition of loyalty and allegiance to a foreign State, i.e. Palestine, on June 25, 2024 at the time of taking oath as a Member of Parliament", reads the letter.
"Seek the opinion of the Election Commission of India as provided under Article 103 of the Constitution of India regarding the disqualification incurred by Mr. Asaduddin Owaisi as mentioned in the present complaint," the Advocate added.
Jain also said in his letter: "Mr. Asaduddin Owaisi, immediately after taking oath from the same stage, within few seconds raised the slogan 'Jai Palestine'. Palestine is a foreign state. No citizen of India can have allegiance or accession to said State."
"Article 102 of the Constitution of India provides for the disqualification of any person from being elected as and from being a member of either House of Parliament if he has any recognition of loyalty or is under any recognition of loyalty or of Parliament if he is under no recognition of allegiance or foreign status," Jain added.
"It is strange that Mr. Asaduddin Owaisi, after taking oath, immediately raised a slogan to show that he is in allegiance and loyalty to that State. It is a very serious matter and a threat to national security," the statement reads. letter.
Hari Shankar Jain explained: "The provision under Article 102 1 (d) has been enacted to prevent any person from becoming a member of parliament if he in any way acknowledges allegiance or allegiance to a foreign state to ensure sovereignty and integrity of India, which is the basic and fundamental requirement for assuming any constitutional responsibility.
"The slogan raised by Mr. Asaduddin Owaisi is a threat to the security, sovereignty and integrity of the nation. It is an extremely serious and critical issue that requires immediate attention and appropriate action in exercise of the powers conferred by Article 102 r/w. 103 of the Constitution of India," the letter concludes.
In his letter, Jain argues that Owaisi's actions demonstrate loyalty to Palestine, a foreign state, which he claims is grounds for disqualification from Parliament.
Jain's complaint highlights that Article 102 of the Constitution disqualifies any person from being a member of Parliament if they acknowledge allegiance to a foreign state. He highlights the seriousness of the situation, calling it a threat to national security and a violation of constitutional provisions meant to ensure the sovereignty and integrity of India.
“I respectfully pray that Your Majesty may be pleased to:- Disqualify Mr. Asaduddin Owaisi, elected from the 9th Lok Sabha Parliamentary Constituency in Hyderabad to the 18th Lok Sabha for being disqualified under Article 102(1) ) of the Constitution of India for raising the slogan "Jai Palestine" showing his recognition of loyalty and allegiance to a foreign State, i.e. Palestine, on June 25, 2024 at the time of taking oath as a Member of Parliament", reads the letter.
"Seek the opinion of the Election Commission of India as provided under Article 103 of the Constitution of India regarding the disqualification incurred by Mr. Asaduddin Owaisi as mentioned in the present complaint," the Advocate added.
Jain also said in his letter: "Mr. Asaduddin Owaisi, immediately after taking oath from the same stage, within few seconds raised the slogan 'Jai Palestine'. Palestine is a foreign state. No citizen of India can have allegiance or accession to said State."
"Article 102 of the Constitution of India provides for the disqualification of any person from being elected as and from being a member of either House of Parliament if he has any recognition of loyalty or is under any recognition of loyalty or of Parliament if he is under no recognition of allegiance or foreign status," Jain added.
"It is strange that Mr. Asaduddin Owaisi, after taking oath, immediately raised a slogan to show that he is in allegiance and loyalty to that State. It is a very serious matter and a threat to national security," the statement reads. letter.
Hari Shankar Jain explained: "The provision under Article 102 1 (d) has been enacted to prevent any person from becoming a member of parliament if he in any way acknowledges allegiance or allegiance to a foreign state to ensure sovereignty and integrity of India, which is the basic and fundamental requirement for assuming any constitutional responsibility.
"The slogan raised by Mr. Asaduddin Owaisi is a threat to the security, sovereignty and integrity of the nation. It is an extremely serious and critical issue that requires immediate attention and appropriate action in exercise of the powers conferred by Article 102 r/w. 103 of the Constitution of India," the letter concludes.
