singhsa3
08-05 04:42 PM
Don't worry guys, this is just a time pass while people are waiting for Nebraska to issue some green cards..;)
wallpaper Table Setting: Salt Harbor
vinabath
03-26 10:06 AM
U should look more at Pre-forclosure ( if u can get hold of one) than the foreclosed properties. Most of forclosed properties need substantial investment to fix them. Generally public gets the last chance of good foreclosed properties. It is a bank- real estate nexus which eats up the good inventory before hitting into the market. US home auction is not a real auction but more like a open house for 100 properties at the same time. Quality of inventory is not worth it.
Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for
1. finding a good deal
2. going thru auction/shortsale/whatever
3. fixup the house
4. help in financing
5. their profit
giving that money is worth the hassle.
The most difficult part finding this person.
Excellent point. If you friends with real estate investor, they might get you a deal. Its the same thing like used car sales. If you know the guy who does car auctions all the time you will get a nice car for real cheap. Same thing with houses too. Start looking for a good real estate investor. These people might charge some money for
1. finding a good deal
2. going thru auction/shortsale/whatever
3. fixup the house
4. help in financing
5. their profit
giving that money is worth the hassle.
The most difficult part finding this person.
delax
07-14 03:28 PM
I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
EB2 ROW was Current
EB3 ROW was Jan 1, 2005
and EB2-India was a big U
Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.
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jhegde
08-02 03:47 PM
.
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new_horizon
01-06 02:49 PM
Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.
Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.
sanju
04-07 11:44 AM
If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem
How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.
How do you find H1 quota to be "unlimited"? And how is this bill going to prevent "unlimited numbers" that did not exist in the first place? I thought S.2611 and HR1645 propose to increase H1 quota to 115K, from the existing 65K H1b/yr. Does this increase make H1 quota "unlimited". I am ignorant about it, could you please help me understand.
more...
JunRN
06-05 10:25 PM
I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.
After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).
So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.
2010 Beautiful Table Settings
gccovet
08-05 04:10 PM
WOW!!!!!!!!!!Rolling_Flood will be ROFLOL!!!!!!
What a waste of time, folks!!!!
What a waste of time, folks!!!!
more...
logiclife
07-10 01:33 AM
According to Lou Dobbs, all the problems faced by America today are purely a creation of immigration and immigrants.
The global warming, Hurrican Katrina, Rising gas prices, inflation, rising interest rates, slowing economy, deficits...everything is something that is purely a product of immigrants.
According to him had it not been for immigrants, everyone would have 2-3 mansions to live in, 10-20 high paying job offers, 4-5 luxury european cars. But immigrants took all that away by stealing the jobs of Americans. If the immigrants had not been sucking out the welfare from this country, the social security trust fund and the US treasury would be overflowing with money.
Goddammit these immigrants who stole the jobs of thousands of hard working lettuce pickers and meat packers and farm workers, who, had it not been for these job-stealing, flag waving, non-english speaking, country invading, sovereignty ruining, wage-depressing immigrant intrudor-invader-thief would have been millionaires by now.
When will the politicians listen to Lou Dobbs who is the only smart person left in the United States now?
The global warming, Hurrican Katrina, Rising gas prices, inflation, rising interest rates, slowing economy, deficits...everything is something that is purely a product of immigrants.
According to him had it not been for immigrants, everyone would have 2-3 mansions to live in, 10-20 high paying job offers, 4-5 luxury european cars. But immigrants took all that away by stealing the jobs of Americans. If the immigrants had not been sucking out the welfare from this country, the social security trust fund and the US treasury would be overflowing with money.
Goddammit these immigrants who stole the jobs of thousands of hard working lettuce pickers and meat packers and farm workers, who, had it not been for these job-stealing, flag waving, non-english speaking, country invading, sovereignty ruining, wage-depressing immigrant intrudor-invader-thief would have been millionaires by now.
When will the politicians listen to Lou Dobbs who is the only smart person left in the United States now?
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USDream2Dust
04-05 05:03 PM
Fide_champ,
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
jung.lee,
I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.
USDream2Dust
jung.lee,
I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?
more...
Macaca
02-20 10:24 AM
From Democratic Hires of the Week (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/19/AR2007021900972_2.html), Please send e-mail tokstreet@washpost.com
Democrats, who are now in demand thanks to their takeover on Capitol Hill, are shuffling jobs all over town. Bruce Andrews was stolen away from Quinn Gillespie & Associates to run the Washington office of Ford Motor Co. He will be replaced at Quinn Gillespie by Chris McCannell, former chief of staff to Rep. Joseph Crowley (D-N.Y.).
Elsewhere, Stephen Brown left Dutko Worldwide to open the Washington office for Tesoro, an oil refining and marketing firm. R. Scott Silverthorne left the Capital One Financial's lobby shop to become vice president for government affairs of MasterCard Worldwide. And Broderick Johnson, a former chief House lobbyist for President Bill Clinton, is moving to Bryan Cave Strategies from AT&T. Johnson, one of Washington's top African American lobbyists, was pursued for weeks by several firms and was represented by superlawyer Robert Barnett.
Democrats, who are now in demand thanks to their takeover on Capitol Hill, are shuffling jobs all over town. Bruce Andrews was stolen away from Quinn Gillespie & Associates to run the Washington office of Ford Motor Co. He will be replaced at Quinn Gillespie by Chris McCannell, former chief of staff to Rep. Joseph Crowley (D-N.Y.).
Elsewhere, Stephen Brown left Dutko Worldwide to open the Washington office for Tesoro, an oil refining and marketing firm. R. Scott Silverthorne left the Capital One Financial's lobby shop to become vice president for government affairs of MasterCard Worldwide. And Broderick Johnson, a former chief House lobbyist for President Bill Clinton, is moving to Bryan Cave Strategies from AT&T. Johnson, one of Washington's top African American lobbyists, was pursued for weeks by several firms and was represented by superlawyer Robert Barnett.
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desi3933
07-11 12:12 PM
My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
more...
house to the table settings.
nozerd
12-28 09:08 PM
I believe in the maxim that you cant control how others act. You can only control how you react. This is what India should do in the short and medium term that they do have full control over.
SHORT TERM.
I think the easiest thing India can do to send a message is to break off complete diplomatic relations with Pakistan.
a) Recall the Ambassador permanantly and close down the High Commision.
b) Ban anyone who owns (or has in the past owned) a Pakistani passport from entering India under any circumstances- exceptions need to be signed off by the External Affairs Minister himself)
c) Not allow Indians to travel to Pakistan ( Place a stamp on all passports saying entry to Pakistan not allowed - similar to what we had for South Africa 15-20 yrs ago).
d) Make it an obvious point to boycott any forum Pak is speaking on. So if the Paki guy is speaking at the UN or SAARC the Indian delegation just leaves the room.
e) Ignore PAK to the point that it doesnt exist.
MEDIUM TERM
a) Deal with internal security. Recruit and fill the Army and Intelligence agencies that are short staffed. If the trainers are not there get countries like Israel and Russia to train them or get ex US and UK army commandoes pay them the market fee and get them trained.
b) Recruit a cadre of Indian Muslims in the IB. Get people who are Hafez (trained well in the Koran) and who are both strong muslims and patriotic Indians. Send them to Pak as sleeping agents and destabilize Pak from the inside. Infiltrate these terrorists.
c) Leverage our influence and clout. If company X sells to Pak they can forget about any Indian company doing business with them. Pressurise govts not to allow their firms to sell to Pak.
d) Build a cadre of polished charismatic foreign service officers with the gift of gab like Pak has. The day after the Bombay incident Pak had started working the media/ talk show circuit in the US with their honey tounged reps. They always seem to do a great job with PR while India is sleeping. Ban SC quota types from joining the IFS.
SHORT TERM.
I think the easiest thing India can do to send a message is to break off complete diplomatic relations with Pakistan.
a) Recall the Ambassador permanantly and close down the High Commision.
b) Ban anyone who owns (or has in the past owned) a Pakistani passport from entering India under any circumstances- exceptions need to be signed off by the External Affairs Minister himself)
c) Not allow Indians to travel to Pakistan ( Place a stamp on all passports saying entry to Pakistan not allowed - similar to what we had for South Africa 15-20 yrs ago).
d) Make it an obvious point to boycott any forum Pak is speaking on. So if the Paki guy is speaking at the UN or SAARC the Indian delegation just leaves the room.
e) Ignore PAK to the point that it doesnt exist.
MEDIUM TERM
a) Deal with internal security. Recruit and fill the Army and Intelligence agencies that are short staffed. If the trainers are not there get countries like Israel and Russia to train them or get ex US and UK army commandoes pay them the market fee and get them trained.
b) Recruit a cadre of Indian Muslims in the IB. Get people who are Hafez (trained well in the Koran) and who are both strong muslims and patriotic Indians. Send them to Pak as sleeping agents and destabilize Pak from the inside. Infiltrate these terrorists.
c) Leverage our influence and clout. If company X sells to Pak they can forget about any Indian company doing business with them. Pressurise govts not to allow their firms to sell to Pak.
d) Build a cadre of polished charismatic foreign service officers with the gift of gab like Pak has. The day after the Bombay incident Pak had started working the media/ talk show circuit in the US with their honey tounged reps. They always seem to do a great job with PR while India is sleeping. Ban SC quota types from joining the IFS.
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kart2007
05-15 10:11 AM
Its sad but true that Indian companies liek Infosys and TCS are in fact abusing the VISA system. I know a lot of my Indian friends who have recently come from India and are working ata really paltry salary.
Moreover I think L1 is worse as there are no wage limits for L1 as opposed to H1 (I may be wrong).
Its sad that thing is happening, but its true.
Moreover I think L1 is worse as there are no wage limits for L1 as opposed to H1 (I may be wrong).
Its sad that thing is happening, but its true.
more...
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axp817
03-25 01:26 PM
UN,
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
Any stories of AOS applicants porting to self employment under AC21, that you could share with us?
Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.
Thanks very much, as always.
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javadeveloper
08-03 08:58 PM
Hi Unitednations,
My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??
Thanks in advance
My last entry into US is 15th Dec 2003 and I have around 200 days without my payslips and my w2 for 2004 also shows less amount.I applied my 485 in July 2007 , what are the chances for my 485 approval.Please suggest me , are there any options left for me ??
Thanks in advance
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cinqsit
03-26 03:52 PM
UnitedNations
What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.
Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)
Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO
What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.
Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)
Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO
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satishku_2000
05-16 05:00 PM
A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
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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
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
xyzgc
12-20 04:00 PM
razis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.
We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
Just my 2 cents.
Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
(A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)
Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.
I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.
We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
Just my 2 cents.
Yes, everybody, all senators, wanted to teach these terrorists a lesson after 9/11.
Afghan war is good and Iraq war is bad. Why, because Iraqis didn't leave WMDs a.k.a nukes behind.
(A weapon of mass destruction (WMD) is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures (e.g. buildings), natural structures (e.g. mountains), or the biosphere in general. The term is often used to cover several weapon types, including nuclear, biological, chemical (NBC), and radiological weapons)
Now, Iraq war went bad, economy went bad (due to main street scamming the banks) and suddenly its all the fault of Mr. Bush.
rockstart
07-14 10:43 AM
Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?
I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).
I already mailed the Letter to Visa Section, DOS with a request to allocate some Visa Number to EB-3(India) to help to reduce the wait time. Did not mention about EB-2 or any other thing. Just a Request for EB-3 (India).
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