Advocate Hari Jain urges President to "disqualify Asaduddin Owaisi" for his "Jai Palestine" remark, citing foreign allegiance
Jun 26, 2024
New Delhi [India], June 26 : Advocate Hari Shankar Jain wrote a complaint letter 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 lodged following Owaisi's oath-taking as a Member of Lok Sabha on June 25, where he raised the slogan "Jai Palestine".
In his letter, Jain contends that Owaisi's actions demonstrate allegiance to Palestine, a foreign state, which he argues 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 emphasizes the gravity of the situation, calling it a threat to national security and a violation of the 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 9 Lok Sabha Parliamentary Constituency Hyderabad for 18th Lok Sabha for being disqualified under Article 102 1(d) of the Constitution of India for raising slogan "Jai Palestine" showing his acknowledgment of allegiance and adherence to a foreign state i.e Palestine on 25.06.2024 at the time of taking oath as Member of Parliament," the letter reads.
"Call the opinion of the Election Commission of India as provided under Article 103 of the Constitution of India regarding disqualification incurred by Mr. Asaduddin Owaisi as mention 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 adherence to the said State."
"Article 102 of the Constitution of India lays down the disqualification for any person to be chosen as, and for being, a member of either house of Parliament if he is under any acknowledgment of allegiance or he is under any acknowledgment of allegiance or Parliament if he is under any acknowledgment of allegiance or foreign state," Jain added.
"It is strange that Mr. Asaduddin Owaisi after taking oath immediately raised slogan to show that he is in adherence and allegiance to that state. It is a very serious matter and a threat to national security," the letter reads.
Hari Shankar Jain explained, "The provision under Article 102 1(d) has been enacted to prevent any person to become the member of parliament if he is in any manner in acknowledgement of allegiance or adherence to a foreign state to secure the sovereignty and integrity of India which is the basic and fundamental requirement for holding 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 which requires immediate attention and proper action in exercise of the powers conferred by Article 102 r/w 103 of the Constitution of India," the letter concludes.