Notice To Gujarat Archbishop by Legal Rights Observatory

UMESH SHARMA, Advocate
112, New Delhi House, Office: 011-23355388

27, Barakhamba Road, Mob.No.:9868235388
New Delhi-110001. Email:legalhelplineindia@gmail.com
Regd AD/ Speed Post/ Email

4/12/2017
Archbishop MacWan
Archbishop of Gandhinagar
Archbishops 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 issuing

the following legal notice against you:
1. That you claim yourself as the Archbishop of Gandhinagar and claim

to indulge 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
.
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 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
Peoples 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 Commission 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.
.
3. 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 forces. Your attention is invited to
the literal dictionary meaning of the word nationalists which is reproduced
hereunder for the sake of your understanding:
Nationalist:
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 9th 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
.
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 religious communities in the 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.
.
7. 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?
.
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 1 to 21, 2017? If yes, then was the visit related to your
public statement which you issued on November 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 and OBCs? If YES, can YOU provide the figures
from NCRB which are substantiating 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", does this mean that Members of incumbent ruling
party in Gujarat are ruling the state unconstitutionally? If YOU think
so, have you ever took legal recourse to bring back incumbent party
in Gujarat to Constitutional Path?
.
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 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 who was held captive in Yemen?
10) If YOU are really so much concerned about HR violations and

sanctity of Indian Constitution, 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 SELECTIVE?
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?
.
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 YOU ever felt the pain 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 YOU ever raise the voice against 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 Archbishop 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
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 the said
.
15 questions as posed by my client to you. My client has also instructed me

to ask you to withdraw your aforesaid letter dated 21st of November 2017
by making a press release and/or a publics 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 to put forth your reply to the aforesaid 15 questions as posed
by my client and / or also to withdraw your letter 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

Notice To Gujarat Archbishop by Legal Rights Observatory

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UMESH SHARMA, Advocate

112, New Delhi House, Office: 011-23355388

Regd AD/ Speed Post/ Email

Subject:- Legal notice on behalf of my client Vinay Joshi, Convener,

Under the instructions and on behalf of my client named above, I am issuing

1. That you claim yourself as the Archbishop of Gandhinagar and claim

terminology. You have made unsubstantiated, unfounded and tainted

4. That your abovesaid conduct is clearly intended to cause disharmony

6. That you have further made statements conducting to public mischief

7. That my client named above having come to know about your

15 Questions to Archbishop of Gandhinagar WRT YOUR letter

With reference to YOUR letter dated November 11, 2017, We wanted

1) Did 5 influential Gujarat and Delhi political leaders visit your

2) What did visiting political leaders commit YOU in exchange of

2) Who did talk to visiting political leaders as your authorized

3) Did diplomats from various European Countries visit your office

4) Did you write letter to European Union leaders and Members of

6) Are YOU seriously thinking upon floating Catholic political party

8) YOUR letter mentions Nationalists are violating human rights in

10) If YOU are really so much concerned about HR violations and

14) Did YOU ever condemn Christianity's conversions-at-gunpoint of

In such case, We would be free to draw our own inferences. So please

8. That my client is within his rights to initiate criminal proceedings

15 questions as posed by my client to you. My client has also instructed me

Copy For further reference and action.

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