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Subramanian Swamy
The topic today is relationship between freedom of speech & litigation that
has been launched not only against katariya, sahani . satya & many more be
named. Indeed katariya & sahani not had been faught & satya decided to
join them. I would be only matter of time before they would have asked Dr.
kooper pointed out included all those who are opposing the present
dispensation in our country. All those who are likely to be opponents of Mrs.
Sonia Gandhi. Of course opponents here; I am ready to toes her all the time
but she doesnt want to take me to the court because I dont need lawyers; I
argue myself & I use court as a forum. To all you the points I have been
saying in public but because she thinks that you are busy people, you dont
like the harassment of going to the court, you dont want to waste your time
on these peripheral matters & therefore you would surrender & having
examples of that you are surrendered & others will say look what happened
to this people & we dont want to get into this. Better we keep our silence.
Let them loot the country, let them ruin the country, we sitting in USA & why
should we oppose it.
Let me remind you overseas Indians particularly in USA made a major role in
restoration of democracy during the period of emergency. I had come here to
argue, the same question people use to ask we will be targeted, our
passports will be cancelled. What is it here that we cant do it in India? I
said that you have freedom here to speak, exercise it, it will develop its own
momentum. And in the end Mrs. Indira Gandhi himself told me later on when
she was re-elected in 1980 & she wanted a favor from me in dealing with
china & that time I was chitchatting with her & asked about the emergency
situation abt. Why did you do this foolish thing of announcing election which
defeated you? She replied the campaign by Indians abroad spoiled my
name all over the world & that I could not continue forever without an
election thats why I did it. So credit goes to overseas Indians for the
democracy & today that same democracy is being threatened here.
The connection between freedoms of speech & overseas congress is filing a
defamation suit has been established by presidents in US law. After all what
sahani, katariya & other did was to co-operate with people like satya to put a
Advert in NY times; what this has to do with freedom of speech after all you
did your freedom of speech by putting an advert & now made accountable
for it. How this freedom of speech gets threatened because somebody files
suit; a question can be asked. This precise question was raised in 1964 when
the NY times published an advert similar abuse in Alabama & particularly
targeting the police commissioner of the capital of Alabama. And that police
commissioner went on file the suit in the lower court & he claimed damages
of 1o million dollars. The lower court gave him the orders impose the cost on
NY times. Then they to appeal this case in Supreme Court, court said no NY
times have to pay. So this became the classic case between the NY Times vs.
the state of Alabama. The police commissioner of the state of Alabama & this
case laid the foundation of how to deal with the defamation suits in the
USA. In that the Supreme Court said publishing an advert against the public
officials is only defamatory if the public officials first prove that what is
stated there is false, second that public officials proves that the NY Times
knew its false & still published it & third that despite the fact that the people
the defendants knew it was false & yet in reckless disregard of truth & went
on to publish it. Now they asked the commissioner to prove that. So
therefore the case is set aside. Subject to include this in NY Times standards
which is it called as actual malice it is a technical term (actual malice means
knowing something to be false in auto disregard of the truth nevertheless
publishing it.) after the NY Times judgments the supreme court in number of
cases extended the concept of public officials to public figures.( sport
players, lawyer appearing in public case). So as per this Sonia Gandhi come
into this category public figure without any doubt. And therefore if this case
has to be at all one leave aside the technical points very widely raised by Mr.
Dahiya. Even those technical points are set aside case goes on & Sonia
Gandhi has to prove by herself coming on the witness box, & whatever is
written on the NY Times advt. was not only false but all those people knew
that it was false & still went in publishing it. Can she prove it? (loads of claps
from crowd). This is what the NY Times said at the points of the litigation , at
the point of the sued for what you speak if public figures are allowed to go
the court & sue for defamation; then it will have a chilling effect on the public
debate & the democracy runs on the public debate. Why they are making a
separate category for public officials in case of a private person I he files
for a defamation the other side has to prove. A public person can call a press
conference & can say this is a lie & challenge the defendant to prove it.
Sonia Gandhi could have held a press conference & challenged Mr. katariya &
his friends to prove saying this is false because of following reasons. All the
things that I have said there is I will prove it in a minute; everything taken
from written record & the lawyers for Mr katariya & others have in their
reply/ answer to their original petition have indeed documented. And so far it
is not been contradicted. So the connection is that if you impose the pain of
litigation in a matter in a public domain then that has a chilling effect on the
debate in the country & therefore it is a violation of freedom of speech. And
therefore a single case like katariya case is that one will affect your freedom
of speech & in the end it will let loose a feeling which will chill further into a
debate & thats why it is centrally related.
This not a case of Mr. katariya fighting & you are standing for him & you
know him. This is case for all of us. It is case of freedom of speech. It is case
for your future so you can live in this country even though live far away from
India you live here without fear of long arm of Indian govt. coming &
strangling your opinion.
You may want to know what the charges are. These charges they have
quoted me; strictly speaking they should have sued me, I was itching me
that they will sue me. I was not sued but I know how to handle this. Once
ramkrishna hegade filed a 50 cr defamation case against me & I made his
life so miserable that finally he withdrew the case. Many many cases filed
against me & thats why finally all lawyers came to me & told me why you
dont write a book. I said I dont have time to write book but I wrote an article
about how to fight a defamation case. Against public figures in USA it is
impossible to be sued because the USA NY times standard made it
impossible. But in this case Sonia Gandhi not has to prove what you have
said is false but also to show that you knew that it is false ; she will end up in
cross examination admitting that all this is true. We have to know about the
leaders of our country.
1.
Sonia Gandhi is that her real name; her birth-certificate says her real name is
Antonia Maino. Her Indian passport application also gives her name as Antonia maino ,
so why this name of Sonia Gandhi is being used. Gandhi surname can be
understandable because rajiv Gandhi married to her. But why Sonia as first name?
Sonia is not even an Indian name, its a Russian name. Antonia is a Italian name. so
why she has taken this name Sonia? Reason is Her late father Stefano Maino, a
poor mason, joined the Nazi army and spent two years under Russian
captivity when he became pro-Soviet. Sonia is a Russian name and her father
started calling her Sonia. As per Swamy, her place of birth as per her birth
certificate was Luciana. However, she changed it to Orbassano in her biodata to our Parliament since Luciana was a discredited place as it was the HQ
of Fascists. If she comes to the court & during cross examination we have legitimate
right to ask her about where she was born & on which date who is your father & where
he was at that time.
2.
Another point is that Sonia Gandhi faked her degree. allegedly she made a
false affidavit that she had a diploma from Cambridge University whereas
she learnt English from a teaching shop called Lennox School (now
defunct) in Cambridge town. Well, I have no facts and hence cannot sit in
arbitration! I have letter from Cambridge University saying there was not
such student ever studied. I went to court about this issue but high court
justice said me be generous, be lion hearted; leave the matter. So after that
subsequently Sonia dropped those things from her affidavit. But our society
unfortunately is not tough enough. Only objection I have on satyas advt.
saying that she passed a high school; she did not even passed a high school.
3.
4.
5.
6.
Beyond 5th class she did not studied. In this she shares a common
educational background with karunanidhi.
In the citizenship question Is she a citizen of India? She is registered citizen. She
got citizenship by registration. Of course after 18 yrs being in India but she did not
renounced her original Italian citizenship. A new govt of India without sonias
chamachas in it can easily cancel her citizenship with the stroke of pen i.e. Home
minister of India.
Sonia Gandhi has connection with KGB( Russian intelligence agency), well I told
you that her father was in jail. Rajiv Gandhi & his family were a regular recipient of
KGB money & they are paid through company setup by a family. Its all written in Dr.
Yevgenia Albats, book, ( she s noted Russian scholar and journalist, and was
a member of the KGB Commission set up by President Yeltsin in August
1991.) She was privy to the Soviet intelligence files that documented these
deals and KGB facilitation of the same. In her book, "The State within a State,
The KGB in Soviet Union", she even gives the file numbers of such
intelligence files, which can now be accessed by any Indian government
through a formal request to the Kremlin. The Russian Government in 1992
was confronted by the Albats' disclosure; they confirmed it through their
official spokesperson to the press [which was published in Hindu in 1992],
defending such financial payments as necessary in "Soviet ideological
interest".1 When the Soviet Union disintegrated in 1991, things changed for
Ms. Sonia Gandhi. Her patrons evaporated. The rump that became Russia
was in a financial mess and disorder. So Ms. Sonia Gandhi became a
supporter of another communist country to the annoyance of the
Russians. In December 2001, i had filed a Written Petition in the Delhi High
Court with the photocopies of the KGB documents, and sought a CBI
investigation, but govt of India refused to register FIR against her & did not
issued letter of rogatory to get the original documents from Russian govt.
Thats why my case was failed. That case can be revised anytime. There is
prima-facie evidence, is for her to prove/ disprove.
Sonia Gandhi received $ 2 billion according to the respected Swiss
magazine, Schweitzer Illustrate [November 1991 issue], Rajiv Gandhi had
about $ 2 billion in numbered Swiss bank accounts, which Sonia inherited
upon his assassination. Death of rajiv Gandhi , indira gadhi & sanjay Gandhi
was very profitable for Sonia Gandhi as she received almost all money after
their death as a beneficiary. I would say in any criminal case first suspect is
always beneficiary person.
Antique smuggling by Sonia Gandhi: Indian temple sculpture of gods
and goddesses, antiques, pichwai paintings, shatoosh shawls, coins, and you
name it, were transported to Italy to be first displayed in two shops owned by
her sister [i.e., Anuskha alias Alessandra]. These shops located in blue-collar
areas of Rivolta [shop name: Etnica] and Orbassano [shop name: Ganpati]
did little business because which blue collar Italian wants Indian antiques?
The shops were to make false bills, and thereafter these treasures were
taken to London for auction by Sotheby's and Christies. Some of this illgotten money from auction went into Rahul Gandhi's National Westminster
Bank and Hong Kong & Shanghai Bank, London accounts, but most of it
found it's way into the Gandhi family account in the Bank of America in
Cayman Islands. I produced photos of her smuggling antiques & put into the
court, it shows antiques stolen from all over India. The LTTE assisted her to
smuggle this antiques but nobody believed me on this LTTE involvement until
when Italian govt. arrested 33 LTTE people in Italy. Sonia Gandhi has been
more discreet, but as greedy, in her looting of Indian treasures. When Indira
Gandhi and Rajiv Gandhi were Prime Ministers, not a day passed when the
PM's security did not go to the New Delhi, or Chennai international airport to
send crates and crates unchecked by customs to Rome. Air India and Alitalia
were the carriers. I failed to persuade the government to defend India's
treasures from plunder by the Mainos, then I approached the Delhi High
Court in a PIL. The first Bench of the court issued notice to the Government,
but since the Indian government dragged it's feet, the Court directed the CBI
to seek Interpol's and Italian government's help. The Italian government
justifiably asked for a Letter Rogatory for which a FIR is a pre-requisite. But
the Interpol did oblige and submitted two voluminous reports, which the
Court directed the CBI to hand over to Dr Swamy. But CBI has refused, and
has claimed privilege.
Dont we think we have right to know if Rahul Gandhi is married or not? In his house in
Tughlak lane, there is a foreign woman there. Her name is Veronique Cartelli. Is he
married to her or not married to her? Or is he living with her? Can he not make that
public? What would the Indians think. Rajiv Gandhi wife a foreigner. Rahul Gandhi wife
a foreigner. Cant he find Indian girls at all? And what were the antecedents of
Veronique? Daughter of drug mafia. So, we need to know. Even in marriages, we
need to know. Accountability in India is one can go to village and find out everything
about me. When you have a foreigner, you have to be doubly careful. That should be
doubly watched.