28 Haziran 2011 Salı

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  • ak27
    01-28 09:54 AM
    Lou Dobbs has found an audience who oppose any form of immigration. Lou picks and choose facts which support his point of view and no one at CNN is stopping him because his ratings have gone up with his rant...




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  • greenguru
    04-08 02:17 AM
    I was discussing the same with a friend of mine...

    what will be done next is ...

    Have 49 employees and start a sister concern ( New firm ) after that ..




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  • unitednations
    08-02 12:50 PM
    Thanks UN


    245i is a good example of correct intention but poor execution.

    It caused a surge of labor filings for people who were here illegally. It allowed people who were beneficiaries of i-130's to also jump over to labor cert cases afterwards when they say nothing was happening with family petitions.

    it really caused a drain to department of labor at the state level in the heavily populated states. This is when all the drama began (companies setting up show in delaware, maine, new hampshire, south dakota).

    Just with how the laws work; different agencies; different fuding, different jurisdictions; it is difficult for the agenices to do process improvement because congress doesn't ask them if they can handle a law change. Law gets changed and the agencies don't have enough time to implement or get ready for it; and then we all crib about it.

    I know everyone is in a bit of a high right now that they can file 485's but without increasing quota or allowing more people to get approved; we will definitely see some anxiety from many people.

    Honestly; my biggest worry is the people who work at consulting companies and want to leave the first chance they get. Every time a company files a 140, h-1b; it gives a chance for uscis to go through the whole immigration history of a company. At certain points the number of 140's will be greater then the actual number of people working at the company. If they start detecting a pattern that everyone is leaving;it will look like company is set up for immigration purpose.

    California service center was just getting tough with this before they stopped doing 140's. There were a few big bodyshoppers where california service center denied the 140's and one of the reasons were that they didn't have a full time and permanent job for the person. In the decision; they went to such an extent as to going to company web-site and seeing the positions posted were at client locations for 3 to 6 months; they went to dice to see their postings, etc. and denied the cases. I think there will be an issue with this.




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  • hopefulgc
    08-11 04:35 PM
    what a loser a person has to be to give out red dots for jokes.

    i am here to counter the trends of red dots :)

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.



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  • ArkBird
    01-10 03:36 AM
    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html

    And your source is RASHID KHALIDI!

    I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.

    Partition of Palestine was done as per United Nations General Assembly Resolution 181

    Stop smoking pot!




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  • pthoko
    07-11 10:10 AM
    pthoko..

    wait for UN's reply

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..

    YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.

    Thanks.



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  • breddy2000
    03-31 10:02 PM
    I was quoting you to make a point, did not mean to put words in your mouth. Apologies.

    I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/09 and notice date is 09/06/2009, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.

    did u mean to say 2007 or 2009 on your receipt and notice dates?




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  • Better_Days
    12-28 03:28 AM
    Since more than a few hours have past since this thread was started, I can think that we can sleep in peace knowing that there won't be a war.

    Having said that, I am startled at the number of Indians who seem to be sold on the idea that war is the answer. I went over to an Indian friend of mine and was shocked at the type of coverage. It seemed so much like the US media before the Iraq invasion.

    Exactly what will India accomplish by squandering away the economic clout it has gathered? Yes India is a regional power and probably an emerging global power. Yes, in a long drawn out conflict, Indian will probably win. Happy now? But at what price? PLEASE, Indian is no US and Pakistan in no Iraq.


    Pak has nukes, but their delivery mechanism is not sound and before Pak launches any nukes, US will disarm them and even if a few are launched India had a very good anti missile shield which will intercept and destroy all warheads before it enters Indian air.


    What I need to know is that what %age of Indian population believes this and the whole "Chinese-made" nuke crap? Is it being spewed out on TV by arm-chair generals and defense analyst? This will explain why everyone is sold on the whole War idea. And this after the debacle that US finds itself in Iraq and Afghanistan?

    Does anyone understand the concept of a nuclear doctrine? I have been out of it for a while and I don't think that Pakistan has published its nuclear doctrine but it has been speculated upon. The general consensus is that, at least initially, Pakistan will use the nukes on its own territory. Both as a means to inflict casualties on advancing Indian troops and as a means of area denial as neither army is equipped to fight large scale battles in a NBC (Nuclear, Biological, Chemical) theater. Forget Pakistan but do you have any idea what the fallout do to the fertile agricultural land in India? And this is not even considering that the Pakistani leadership may decide to go down in a blaze of glory and launch strategic strikes against major population centers.

    War is no answer and should not (and probably will not) happen.

    Disclaimer: I am a Pakistani. While I am in IT, at one point in time I was considering a career in Strategic Studies and was serious enough that I started applying at various colleges. Had to drop the idea as I could not secure funding.



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  • Macaca
    12-14 11:40 AM
    Plan B For Pelosi And Reid (http://www.realclearpolitics.com/articles/2007/12/congressional_democrats_need_n.html) By E. J. Dionne | Washington Post, December 14, 2007

    WASHINGTON -- Congressional Democrats need a Plan B.

    Republicans chortle as they block Democratic initiatives -- and accuse the majority of being unable to govern. Rank-and-filers are furious their leaders can't end the Iraq War. President Bush sits back and vetoes at will.

    Worse, Democrats are starting to blame each other, with those in the House wondering why their Senate colleagues don't force Republicans to engage in grueling, old-fashioned filibusters. Instead, the GOP kills bills by coming up with just 41 votes. Senators defend themselves by saying that their House colleagues don't understand how the august "upper" chamber works these days.

    If Bush's strategy is to drag Congress down to his low level of public esteem, he is succeeding brilliantly. A Washington Post/ABC News poll released earlier this week found that only 33 percent of Americans approved of Bush's handling of his job -- and just 32 percent felt positively about Congress' performance. The only comfort for Democrats: The public dislikes Republicans in Congress (32 percent approval) even more than it dislikes congressional Democrats (40 percent approval).

    The Democrats' core problem is that they have been unable to place blame for gridlock where it largely belongs, on the Republican minority and the president.

    In an ideal world, Democrats would pass a lot of legislation that Bush would either have to sign or veto. The president would have to take responsibility for his choices. The House has passed many bills, but the Republican minority has enormous power in the Senate to keep the legislation from ever getting to the president's desk. This creates the impression that action is being stalled through some vague and nefarious congressional "process."

    Not only can a minority block action in the Senate, but the Democrats' nominal one-vote majority is frequently not a majority at all. A few maverick Democrats often defect, and the party runs short-handed when Sens. Joe Biden, Hillary Clinton, Chris Dodd and Barack Obama are off running for president.

    And Bush is learning that even when bills reach his desk, he can veto them with near impunity. On Wednesday, Bush issued his second veto of a bill to extend coverage under the State Children's Health Insurance Program to 10 million kids. Democrats have the high ground on the issue and more than two-thirds support in the Senate, but the bill lacks a veto-proof House majority.

    After Bush vetoed the first version of the SCHIP bill, Democrats changed it slightly to make it more attractive to Republicans. And the new version passed both houses too. When Bush vetoed the SCHIP measure again, almost nobody paid attention. The Washington Post ran a three-paragraph story on the corner of page A18; The New York Times ran a longer story -- on page A29.

    Democrats can't even get credit for doing the right thing. If Congress and Bush don't act, the alternative minimum tax -- originally designed to affect only Americans with very high incomes -- will raise taxes on about 20 million middle- and upper-middle-class people for whom it was never intended.

    Democrats want to protect those taxpayers, but also keep their pay-as-you-go promise to offset new spending or tax cuts with tax increases or program cuts elsewhere. They would finance AMT relief with $50 billion in new taxes on the very wealthiest Americans or corporations. The Republicans say no, just pass the AMT fix.

    Here's a guarantee: If the Democrats fail to pass AMT relief, they will be blamed for raising taxes on the middle class. If they pass it without the tax increase, deficit hawks will accuse them of selling out.

    What's the alternative to the internecine Democratic finger-pointing of the sort that made the front page of Thursday's Washington Post? The party's congressional leaders need to do whatever they must to put this year behind them. Then they need to stop whining. House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid should put aside any ill feelings and use the Christmas break to come up with a joint program for 2008.

    They could start with the best ideas from their presidential candidates in areas such as health care, education, cures for the ailing economy and poverty-reduction. Agree to bring the same bills to a vote in both houses. Try one more time to change the direction of Iraq policy. If Bush and the Republicans block their efforts, bring all these issues into the campaign. Let the voters break the gridlock.

    If Democrats don't make the 2008 election about the Do-Nothing Republicans, the GOP has its own ideas about whom to hold responsible for Washington's paralysis. And if House and Senate Democrats waste their time attacking each other, they will deserve any blame they get next fall.




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  • unitednations
    07-08 05:49 PM
    .

    These two types of documentation were requested by US Consulate, Chennai for issuing H4 visa for my wife. I had to get these documents and send to india for stamping. They issued H4 immediately after reviewing the documentation. I have not faked any documentation. They have requested these documentation based on the assumption that my employer is letter pad company.


    In the last year to year and a half; I have definitely seen uscis and department of state get extremely difficult in approving cases.

    Chennai and california service center are pretty much standard in what they look for and request.

    I had never seen california service center deny another beneficiaries h-1b due to low payment of wages of other beneficiaries. However, now I have seen it.

    I know cases where an H-4 went to visa stamping and consulate requeted h-1b person who was in the states to appear at chennai consulate. They asked him to explain discrepancy between his tax returns; w2's and company information. He couldn't give satisfactory response and they revoked his h-1b visa.

    In approving another h-4 visa; they askd h-1b person why they didn't get paid for three month when they entered USA. Company president along with h-1b beneficiary said that he had to climitize himself and then it took a while to get the social security number. Once he got it then he got paid. Visa officer laughed at the explanation and gave the h-4 visa. Six months later; company gets a DOL audit request for possible h-1b violations. DOL officer said that consulate sent them notification that there was h-1b violations.

    Chennai consulate asked for a client letter for a person who was initially entering on h-1b. Company gets h-1b's sister who is working for a very large high tech company to give a letter. Chennai knows that big american companies do not give such letters. Chennai consulate contacts person who wrote the letter and then contacts HR at the company to verify. Company investigates and fires the sister for giving the letter.

    Last couple of years; uscis and dos have really ramped it up a few notches in the scrutiny they are giving people and documents.



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  • pappu
    04-07 05:35 AM
    Guys,

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.




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  • riva2005
    04-09 11:31 AM
    Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.

    "I am not scared of this bill". Yeah. you are not scared. You are a scientist. The smart one. Unlike the dumbasses of EB3 here, you actually have something good to offer because you are a Ph.D. A scientist for Godsakes.

    You should really think about supporting IEEE-USA. Maybe you can be friends with Ron Hira. You know, Ron Hira is always looking for H1B friends. Like Stephen Colbert who has a black friends and keeps a black friend just to prove he is not a racist, Ron Hira needs H1B friends.

    Maybe you and other scientists like you and other "US MASTER DEGREE" holders can join hands with IEEE-USA. You guys have a lot in common. Let the stupid EB3 folks and bachelors' degree holders sort out their own mess.

    You are just like those folks who think:

    "As long as I am not affected, I dont care".
    "As long as people behind me in the queue are affected, I dont care".
    "As long as other people lose visas, opportunities, I dont care, because other people's loss has to be my game. Its a zero sum game". If EB3 scum is filtered out by Durbin-Grassley bill, I and my scientist friends can get some breathing room in this crowded queue filled with dumbasses who never bothered to do a Ph.D.

    Nice attitude.
    Really rimzhim, stick to research. I dont think you will ever be a leader and lead in anything.

    I would give kudos to core group and the EB3 dumbass like Aman Kapoor, who, despite having EAD himself is actually sticking up for people who are on H1B and facing the risk of purge by Ron Hira and Chuck Grassley.

    If Aman Kapoor and core group thought like you are thinking, maybe this organization would have never existed.

    So go and spend you precious time with your job, whatever it is that you do that makes you a scientist. This organization is catering to dumbasses on Eb3, and the stupid little bachelor degree holders who arent doing a real job.

    And go and become the "H1B friend" of Ron Hira. That way, Ron can say "Many of my friends are on H1B".



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  • cherupally
    07-17 01:27 PM
    Thanks a bunch for the replies UN..

    I have a quick Question in G-325A form about the previous addresses in last 5 yrs.. My credit history addresses do not match my paystub addresses.. So, which addresses do I need to put in this form.. Paystub addresses or Credit history addresses.. Will INS ask for proof of past addresses? I am confused.. Pls help..

    Thanks a lot...




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  • jayleno
    10-01 07:58 PM
    I'm a great fan of Obama for what he has achieved so far and in all probability he will win in Nov. I hope the new CIR will not be similar to CIR 2007 as far legal immigration is concerned. After 8 years of paying taxes I would definitely feel greatly disappointed if we get a raw deal for being legal



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  • transpass
    03-26 07:30 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?




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  • new2gc
    03-24 06:19 PM
    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?


    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .



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  • gc_chahiye
    08-02 06:44 PM
    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.

    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.




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  • panky72
    08-20 06:55 PM
    An old man lived alone in Minnesota. He wanted to spade his potato garden, but it was very hard work. His only son, who would have helped him, was in prison. The old man wrote a letter to his son and mentioned his situation:

    Dear Son,

    " I am feeling pretty bad because it looks like I won't be able to plant my potato garden this year. I hate to miss doing the garden, because your mother always loved planting time. I'm just getting too old to be digging up a garden plot. If you were here, all my troubles would be over. I know you would dig the plot for me, if you weren't in prison
    ............. ......... .......Love, Dad "

    Shortly, the old man received this telegram : "For Heaven's sake, Dad, don't dig up the garden!! That's where I buried the GUNS!!"

    At 4 a.m. the next morning, a dozen FBI agents and local police officers showed up and dug up the entire garden without finding any guns.

    Confused, the old man wrote another note to his son telling him what happened, and asked him what to do.

    His son's reply was: "Go ahead and plant your potatoes, Dad......... ...... It's the best I could do for you from here."

    Moral:
    NO MATTER WHERE YOU ARE IN THE WORLD, IF YOU HAVE DECIDED TO DO
    SOMETHING DEEP FROM YOUR HEART, YOU CAN DO IT. IT IS THE THOUGHT THAT MATTERS NOT WHERE YOU ARE OR WHERE THE PERSON IS.




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  • krishna.ahd
    01-07 07:00 PM
    cooooool
    What a relief from these immigration issues

    Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee




    Macaca
    12-30 07:11 PM
    Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu

    One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?

    Around a single event

    The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.

    The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.

    The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.

    The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.

    The final concern

    The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.

    The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.

    The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).

    The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.

    The writer is a doctoral student working on law and politics in India




    ns33
    07-13 12:20 AM
    Great Job - Thanks for taking initiative... everyone please pitch in.



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