Again, obviously while you go on about " due legal process", you dont really want to adhere to the same...An interview in a magazine may or may not be admissible evidence, but a court has to decide that..In his arguments against Tushar Bhattacharya, the PP can urely bring this interview up...That case has been going on for years..But till he is convicted, how can association with him be grounds for conviction of a third person?Stan_Savljevic wrote:Sorry, you dont follow news then. Tusharkant Bhattacharya, per his own admission, claims himself to belong to the maoist outfit.
http://www.openthemagazine.com/article/ ... cret-talks
there is no inconistency in what I said...Annadurai, in his original avatar, advocated secession (which was allowed) and a variety of incendiary means to achieve the goal (which were not allowed)...That did not mean that the govt of the say sent him to jail with a life imprisonment term..You argued that he "changed his mind" after the govt changed the law on secession..I was merely pointing out that you are not correct at all - the law was changed AFTER he had changed his mind, and made that famous speech in Parliament....Despite calls (and actions) that closely mirror the sort of stuff that Shiv Sena indulges in on locals and marathi language, the govt kept talking to him till he was coopted..Stan_Savljevic wrote:Unfortunately, you dont believe in English semantics/logic? In the previous post, you claimed that C. Annadurai should have been imprisoned. I claimed that there was no such reason for sedition
Well, considering your recourse to Wiki for the apropriate references, maybe you should take the advice yourself a bit seriously? Criticism of court judgements, including Supreme Court judgements, have been deemd to be valid, legal and even advisable by multiple judgements of the Supreme Court..I am quoting a couple here..you are WRONG. Here is what Wiki states (Know your Civics 101):
I know my country and its laws well enough, thank you very much...In the matter of DR. D.C. SAXENA V. HON'BLE THE CHIEF JUSTICE OF INDIA [1997] RD-SC 607 (19 July 1997) it was held that "a citizen is entitled to bring to the notice of the public at large the infirmities from which any institution including judiciary suffers from. Indeed , the right to offer healthy and constructive criticism which is fair in spirit must be left unimpaired in the interest of the institution itself. Critics are instruments of reform but not those actuated by malice but those who are inspired by public weal. Bona fide criticism of any system or institution including judiciary is aimed at inducing the administration of the system or institution to look inward and improve its public image. Courts, the instrumentalities of the state are subject to the Constitution and the laws and are not above criticism. Healthy and constructive criticism are tools to augment its forensic tools for improving its functions. A harmonious blend and balanced existence of free speech and fearless justice counsel that law ought to be astute to criticism. Healthy and constructive criticism are tools to augment its forensic tools for improving its functions. A harmonious blend and balanced existence of free speech and fearless justice counsel that law ought to be astute to criticism. Constructive public criticism even if it slightly oversteps its limits thus has fruitful play in preserving democratic health of public institutions. Section 5 of the Act accords protection to such fair criticism and saves from contempt of court. The best way to sustain the dignity and respect for the office of judge is to deserve respect from the public at large by fearlessness and objectivity of the approach to the issues arising for decision, quality of the judgment, restraint, dignity and decorum a judge observes in judicial conduct off and on the bench and rectitude."
In P.N. Duda vs. P. Shiv Shankar [AIR 1988 SC 1208] the apex court had held that administration of justice and judges are open to public criticism and public scrutiny. Judges have their accountability to the society and their accountability must be judged by the conscience and oath to their office, i.e., to defend and uphold the Constitution and the laws without fear and favour. Thus the judges must do, in the light given to them to determine, what is right. Any criticism about judicial system or the judges which hampers the administration of justice or which erodes the faith in the objective approach of the judges and brings administration of justice to ridicule must be prevented. The contempt of court proceedings arise out of that attempt. Judgments can be criticised. Motives to the judges need not be attributed. It brings the administration of justice into disrepute. Faith in the administration of justice is one of the pillars on which democratic institution functions and sustains. In the free market place of ideas criticism about the judicial system or judges should be welcome so long as such criticism about the judicial system or judges should be welcome so long as such criticism does not impair or hamper the administration of justice. This is how the courts should exercise the powers vested in them and judges to punish a person for an alleged contempt by taking notice of the contempt suo motu or at the behest of the litigant or a lawyer. In that case the speech of the Law Minister in a Seminar organised by the Bar Council and the offending portions therein were held not contemptuous and punishable under the Act. In a democracy judges and courts alike are, therefore, subject to criticism and if reasonable argument or criticism in respectful language and tempered with moderation is offered against any judicial act as contrary to law or public good no court would treat criticism as a contempt of court.
Finally, the question is not whether the state has a right to prosecute Binayak Sen and push him to jail in case of a conviction...the question is whether it serves the larger strategic objective...Given the rank irrelevance of the doctor in the Maoist power structure, any student of insurgency movements and counter terrorism in India would say it doesnt...