Registered society for promotion of better healthcare
(Regd. No. S/IL/6017 of 2001-2002)
President: Dr. KunalSahaSecretary: Mr. Malay Ganguly
HIV/AIDS Research Center2A, RakhalMukherjee Rd.
Columbus, OH 43205, USAKolkata 700025, INDIA
Tel: 001-614-893-6772Tel: (91) 9038083120/9433385520
E-mail: nternet: WWW.PBTINDIA.COM
March 15, 2011
Mr. Vayalar Ravi
Minister of Overseas Indian Affairs (MOIA)
Government of India
Akbar Bhawan, New Delhi 110021
(via fax/email)
RE: Join our PIL in SC against Dr. Ketan Desai to prevent anti-NRI laws
Hon’ble Minister of Overseas Indian Affairs:
Originally a physician from India, I’ve been permanently settled in the USA for the past more than two decades involved with the study of HIV/AIDS. I am also a “dual-citizen” of India and USA (Certificate No. USANI 3462607). I've been also deeplyinvolved with charitable work in India in the field of healthcare. In fact, I am the founding-president of the “People for Better Treatment” (PBT), aregistered NGO based in Kolkata, that has already broughtimportant changes in Indianhealthcare through publicawareness programs as well aspublic interest litigations (PILs) in the Supreme Court and High Courtsin India. Thousands of ordinary people from allcorners of India have already joined hands with PBT in our efforts to promote better healthcare in India. You can find more information about our humanitarianorganization at PBT’s website at WWW.PBTINDIA.COM or through a simple search in the web.
I am writing this letter requesting the MOIAto join us in a special leave petition (PIL) that we have recently filed in the Supreme Court of India [PBT vs. Dr. Ketan Desai & Ors; SC SLP (Civil) No. 7601/2011] because this litigation primarily involves a vital questionwhich is highly relevant tothe non-resident Indians (NRIs). This SLP wasmoved against an appallingjudgment passedby the Gujarat High Courtin December, 2010 (while dismissingour PIL against corrupt, ex-head of Medical Council of India, Dr. Ketan Desai) with a scathing indictment of all NRIs. In fact, the Gujarat High Court dismissed this PIL on the primary ground that because PBT’s president is an NRI, this Kolkata-based charitableorganization can haveno interest for the people of India. In other words, the Gujarat High Court has made a blatantly discriminatory observation that NRIs cannot be involved with “public interest” in India. A copy of our special leave petition (SLP) filed in the Apex Court can be obtained from our website or my attorney in Delhi that would also provide you a clear picture about these anti-NRI views expressed by the Gujarat High Court.
Our petition in the Apex Court has raised a fundamental question which is pertinent to all NRIs and should be ofgreat significance for the MOIA: “Whether a court can simply assert that NRIs cannot have any concern for “public interest” in India?”. The MOIA must not allow the judiciary in the lower court to spreadthis overtly biased anti-NRI view that the overseas Indians are not patriotic and that they can have no compassionate feelings for the people living in India. Asunderscored in our SLP, NRIs also have strong patriotic feelings for their motherland despite living in foreign countries for a variety of personal and professional reasons. There is no denying that over the years, members of the NRI community have contributed significantly toward the economic, social and technological progress of India. There can be no reason for the Gujarat High Court to hold such blatantly derisive views against the NRIs. However, wefeel confident that the overtly discriminatory anti-NRI judgmentby the Gujarat High Court will be overturnedin the Supreme Court of India.
TheMOIA was created with the noble ideaof bringing the NRI community closer to their motherland. The MOIA also has a bounden duty to protect thegoodwillexpressed by the NRIs across the globe. The candidly biased viewexpressed by the Gujarat High Court that NRIs have no “public interest” in India would not only send a wrong message to the millions of patriotic NRIs but it would also pose serious obstacles in the way of the wonderful charitable works done in India by numerous NRIs and NRI groups from different countries. In view of the discussion above, I would earnestly request the MOIA to join us in thismatter that may have major implications on the future role of the NRIs in India. I strongly urge you to pleasemove an "intervention" petitionin our pending litigation (SLP) in the Supreme Court to bring the unique perspectiveof the MOIA in this legal battle that can go a long way toward preventing further erosion in the mutual relationship between the millions of NRIs and their motherland. Our SLP has already been listed in the Apex Court for admission hearing on March 28, 2011. You can contact my attorney in Delhi, Mr. T.V. George (Tel: 98115-79561) if you have any question in regard to the SLP filed in the Apex Court. Also feel free to contact the PBT head office in Kolkata or contact me directly in the USA at the numbers above. I look forward hearing from you. Thank you.
Most respectfully,
KunalSaha, MD, PhD
President, PBT
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