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  • paskal
    04-09 12:24 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.


    i can only answer from a personal perspective.
    that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
    i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
    by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
    any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.





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  • gcwait2007
    06-26 11:31 PM
    Pandey ji / Valid IV
    o.k..I will explain it slowly ..I can understand that those who are homeowners will justify their home purchase. some maybe in denial and have their head in sand.
    honestly, few months back, even I would have purchased a house . if I had, I would still admit -- that home is not necessarily good investment but a place to stay. even after I buy, I would still say that renting in an apartment has its advantages. here are 2 links in english.
    Why rent? To get richer - MSN Money (http://articles.moneycentral.msn.com/Banking/HomebuyingGuide/WhyRentToGetRicher.aspx)
    Why Your Mortgage Won't Make You Rich - WSJ.com (http://online.wsj.com/article/SB124352291846962809.html)
    --------------
    now you need to read this carefully else you won't understand what the authors are trying to say ..since it is bit unclear but it has good points (not trying to make fun here :)) ..do read since they are superb articles
    but here is even simpler explanation and hopefully that will explain what I am trying to say ..if you still don't understand ..u will need to find someone else to explain.
    first renting gives you flexibility ...so say, u get better job offer or lose job - you don't lose lot of money compared to house if you have to move.
    for 250K house, you pay around 300 property tax, 60 HOA fees, 150 - 200 in maintenance (recurring like lawn plus once in long term like roof, painting etc) , 100 - 150 extra in utilities. you pay downpayment of 50 k ..if you were to invest that money in better investments (mutual funds, stocks, high CDs. bonds) ..you would make 250 - 300 per month. plus add fees when you have to sell the house, insurance, termite protection etc etc ..
    plus in many cases, you end up buying a house further away than if you were to rent (since many want brand new house ) ..this means extra 250 - 300 in gas + vehicle degradation per month.
    (ALSO SAY U WERE IN MICHIGAN OR IN CALIFORtNIA -- you could get away from the state after making money easily if you were renting. .home means you could end up stuck there).

    I agree in apartment you get less space and hence I mentioned - u need to ask - do you really need extra space at this time in life - if yes, then home is better. (but renting a home is even better esp if prices are still falling in your area in this case).
    btw - as of now rents are going down -- you just need to negotiate.
    now you don't get the money back in rents..but neither do you get money paid in the expenses listed above.
    (in other words - you don't get money back that you pay in rent yr apt BUT you get a place to stay ..this is not India where you can sleep on foot path - so you need a place. apartment property owner will make a small profit - but that is the system)

    before you jump - house is good when it appreciates by atleast 1 -2 percent above inflation and I am not saying that you should never buy a house.
    there are many other points and I will post it in IV WIKI ...and I hope this helps newcomers ...this is my last personal post ...and do watch the movie :) ..once again I did mention in plain english that it is worst case scenario (the movie "pacific heights")..but best case scenario is not good either if you are a landlord with property in US while you are in India (or vice versa).

    hope that answers your question ..please note: the above is for normal cases ..but if you get a good deal or short sale or foreclosed home for 50K --- then yes, buying makes sense !!

    Hello Hiralalji,

    Excellent post. Salute to you!

    Thank you once again





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  • mariner5555
    04-12 10:20 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news
    or for those who intend to buy 2 - 3 houses for investment. This is a superb link (since picture is worth more than thousand words). honestly speaking - the delay in GC has saved me (and people like me who wanted to wait for GC before buying a house). I had lot of pressure from my wife (because all her friends were buying) and I said only one thing once we get a GC we will buy. now her / mine friends are repenting because they brought houses far away from their work (and v.v. far from the city / airports). the price appreciation graph is so steep that one wonders - Why should I be a sucker and make profits for others by buying at the peak !!





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  • Rolling_Flood
    08-05 08:19 AM
    Mirage, in my own small way, i was also involved in the fight against Labor Sub. Cannot discuss it here as i do not think this is an appropriate forum.

    However, i do understand your point of view. But, you have to realize that EB-1,2 and 3 are DISTINCT paths. "Time benefits" should not cascade across these different categories, and that is what i intend to fight legally.

    I can provide more details in a week or so, when i have my final draft plan ready.

    In your example the EB-3 guy was in the green card line before the EB-2 guy. Why on earth should he be asked to come in line after EB-2 guy if he decides to file a new one under EB-2. Why did not you wake up when Labor Substitution was going on. that was something which was utter non sense. People deciding to go for Green card in 2007 stood ahead of people from 2002 by substittuting a 2001 labor. Thank God it's gone.



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  • Macaca
    05-29 08:22 PM
    The Newest Lobbying Tool: Underwear (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/28/AR2007052801091.html) By Cindy Skrzycki (http://projects.washingtonpost.com/staff/email/cindy+skrzycki/), Tuesday, May 29, 2007

    It was inevitable. In the Internet age, interest groups seeking influence in Washington are joining presidential candidates in discovering a new electronic tool to press their agenda: YouTube.

    "Send your underwear to the undersecretary'' urges the actress in the Competitive Enterprise Institute's stinging 66-second anti-regulatory video posted on YouTube, a free video-sharing site that is a subsidiary of Google. The video blames a 2001 Energy Department rule for an energy-efficiency standard that it says has made new models of washing machines more expensive while getting laundry less clean.

    The underwear video illustrates what other advocacy groups are finding out: YouTube is a cheap, creative way to get a message to a potentially vast audience. This slow migration is in addition to more traditional lobbying approaches, such as direct mail, Web sites and scripted phone calls to federal officials.

    "This is the next step,'' said Missi Tessier, a principal with the Podesta Group, a Washington lobbying firm. She said her company is working on a YouTube piece pushing for more federal funding for basic research for one client, the Science Coalition, a group of research universities. "We are always trying to find ways to get our message out.''

    Concerned Families for ATV Safety, which wants to keep children off all-terrain vehicles, turned to YouTube to lobby for more federal oversight at the agency and congressional level. One of the parents produced the video and posted it May 18.

    "We decided to put it on to raise awareness about how dangerous the machines are,'' said Carolyn Anderson of Brockton, Mass., who lost a son in an ATV accident and is a co-founder of the group.

    Some of the presidential candidates already have calculated that YouTube postings will reach the same younger audience that regularly visits social networking sites such as Facebook and MySpace. A few federal agencies have taken the plunge, too.

    Officials at the White House Office of National Drug Control Policy said it expects its YouTube messages to be ridiculed, laughed at, remade and spoofed. And they are. Its anti-drug message is also reaching the right demographic.

    The Consumer Product Safety Commission realizes that YouTube would be a great way to broadcast product recall and safety messages, though it has not produced a video for it.

    "There are a tremendous amount of people who use that Web site,'' said Scott Wolfson, an agency spokesman. "But we worried about the integrity of the message being changed by users.''

    The YouTube audience hardly seems like a demographic that would be interested in washing-machine efficiency. Still, the Washington-based Competitive Enterprise Institute, which opposes energy-saving fluorescent bulbs and increasing the gas mileage of cars and trucks, has 43 videos on the site. Many of them are snippets of speeches and testimony with few user "hits."

    And then there's the underwear video.

    "We figured we would try a very fast, inexpensive campaign that would go viral," said Sam Kazman, general counsel at the CEI and head of its Death by Regulation project. The video went up May 16 and had 1,306 hits in the first week, a respectable showing, especially considering the subject matter.

    Kazman said the campaign cost virtually nothing. He wrote the script and one employee did the acting and another filmed it.

    The CEI Web site links to the video and to a June Consumer Reports magazine article that rated top- and front-loading washing machines for energy efficiency and performance. The magazine found that since the Energy Department issued an efficiency rule in 2001, the performance of various machines has varied widely.

    "Not so long ago, you could count on most washers to get your clothes very clean," the article says. "Not anymore. Our latest tests found huge performance differences among machines. Some left our stain-soaked swatches nearly as dirty as they were before washing. For best results, you'll have to spend $900 or more.''

    Kazman, who said he owns a 21-year-old Whirlpool washing machine, took this as confirmation that predictions his group made in 2001, that the rule would wreck a "low-priced, dependable home appliance," have come true.

    The manufacturers of home appliances, energy-efficiency groups and regulators who are being mocked in the video disagree.

    Celia Kuperszmid Lehrman, deputy home editor at Consumer Reports, said the underwear campaign takes the ratings out of context. "We support energy standards for washing machines,'' she said. "There are alternatives that will wash as well as older machines. They cost more to buy but not to operate."

    "I think it's obnoxious; I don't think this dog barks,'' said Andrew deLaski, executive director of the Appliance Standards Awareness Project in Boston, a coalition of industry, consumer, environmental and state interests.

    DeLaski, who was involved in the negotiations that led to the 2001 rule, said it was expected at the time that prices would go up but that consumers would save on utility bills.

    "That's a regulation working pretty damn well," he said, adding that consumers can expect to save $80 annually on utility bills with the new models.

    Michael McCabe, a senior engineer at the Energy Department, said that nine out of 10 models Consumer Reports tested are in the price range the department predicted when it issued the rule, an extra $250.

    On the underwear front, Kazman said he sent his own (clean) underwear to the Energy Department. The department said the mailbox of Undersecretary Dennis R. Spurgeon is still empty.

    Kazman blamed the late delivery on another government policy, which subjects packages to irradiation.





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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."



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  • raj2007
    04-12 08:10 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.





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  • file485
    07-08 05:05 PM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..



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  • validIV
    06-25 03:36 PM
    The only way renting is not throwing money away is if you can claim it as a tax expense (business for example). Otherwise you may as well be smoking that money every month. There is no way for you to recoup rent money, no matter what logic you may claim is sound. Renting should only be used as a stepping stone, to save up enough money to buy.

    If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?





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  • sanjay
    06-23 03:00 PM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    I too live in Fairfax county and I agree with you. My friend had purchased a home in Centerville and he paid the same price what it was listed for as the owner got three more contracts. He got it b'cause he paid 15 % down.

    From last month bidding on home is more than it's listed price. When I talked to a real estate agent he told this will be until September end, due to schools re - opening, and from October things will start settling down to what was one month ago. It's good if you want to sell if you are in Fairfax but to purchase wait until schools reopen ( again if you don't had a school going kid in home ) and then go for looking one for you.


    And for red marks, do not worry. There would some more here to give me red for this comment. Take the spirit from Ganguteli. I had never seen a person in IV forum changing color so frequently than him in last 3 years. Morning's he is green and evening's he is all red.



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  • hiralal
    06-07 09:38 PM
    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.
    . o.k. Thanks. I don't understand why chances of losing are slim ?
    it is not high but it is not slim either for those on EAD / H1. majority of jobs posted ask for GC. H1 is in complete mess if you talk to any immi lawyer (I have a friend who is lawyer and I heard the same from a lawyer on desi radio).
    buying one house may still be o.k. ...buying 2 - 3 houses to put it on rent is absolute nightmare ..my friend tried that too (he too believed earlier that land is best asset) ... the renter stopped paying rent and he had trouble in evicting him ..on top of it the renter painted the rooms in wierd colors ...also how do you chechk how many people are staying in the house that you give on rent ..it is messy all way around ..if you really believe in land then better to buy some REITS (that is in mess too right now). luckily I had economics in my final year in engg college and the first and the fundamental equation is relation between supply and demand.
    in this country land is in huge huge supply (just look around) and families are getting smaller and green cards is given to 60 year old's (who just leave).
    credit is tight and will be for a long long time ..baby boomers will start selling their homes once prices stop falling ...so supply is massive and less demand ..





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  • NKR
    04-08 03:07 PM
    Ha Ha ..I guess I have put some salt (unintentionally) on somebody's wounds. NKR ..when did you buy your house and where ?
    btw yes ..there have been cases reported where a worker working in Target wrote that her income was 80K ..and managed to get a loan for 400K. (needless to say that house is in foreclosure ..if people had read such stories before rushing to buy during the peak ,..)
    and no ..my intention is not to keep this thread alive but it was to make people like you fight more for admin fixes. my goal was to link GC to investing more in US. people say lets meet senators ..o.k..meet them and tell what ?? ..there is no word from Core on this ..and hence lets do brainstorming and come up with ideas.


    Why do you assume that everyone who wants to buy a home are earning 80k and is dumb enough to buy a 400k home?. Why do you assume that a person who wants to buy a house has not saved enough to put a significant chunk as down-payment?. Why do you assume that a person who wants to buy a house is single and has no double income?. Why do you assume that a person who wants to buy a house is buying in CA only?. Why do you assume that a person who wants to buy a house has not found a house in a very good location and for a very good price?. Why do you assume that people like me listen to people like you and fight more for admix fixes?. Why do you want to live in a shoe box like place all your life?.



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  • nogc_noproblem
    08-06 11:56 AM
    A cardiologist died and was given an elaborate funeral.

    A huge heart covered in flowers stood behind the casket during the service. Following the eulogy, the heart opened, and the casket rolled inside. The heart then closed, sealing the doctor in the beautiful heart forever.

    At that point, one of the mourners burst into laughter. When confronted, he said, "I'm sorry, I was just thinking of my own funeral. You see I'm a gynecologist."

    At that point, the proctologist fainted.





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  • smidreb
    01-08 12:52 PM
    Muslims are cowerds. They never come out in open and attack. They take the means of Jihad etc....
    No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
    Read the link below on how mean they are.
    http://www.rense.com/general29/FAHD.HTM

    Now this article states the Israel - Palestine conflict clearly.
    God bless Israel. God has always been with Israel.

    Intrestingly the artical also says...

    The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan



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  • alterego
    04-07 06:24 PM
    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.

    Last time I looked Sen. Durbin was not anti immigrant nor was he Republican. He is a co-sponsor of this bill isn't he?

    The fact is there is abuse of the H1b program currently and it is need of modification before even fair minded people agree on an expansion (Which also I feel is needed).

    In the end we are likely to see both these things happen together, whenever it does happen, ie a fix to the program as well as an expansion of it.





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  • gcdreamer05
    03-24 08:06 AM
    Hello,

    I had similar calls two times from IO so far...first to ask for documents (which I sent last month) and second on past Saturday to ask if I could come to the office to give new fingerprints (as the old ones have expired).

    It is nice to see USCIS becoming more proactive...all the best!

    Pagal did they ask you too for client contract letters ?



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  • StuckInTheMuck
    08-05 01:28 PM
    Great going folks :D
    Here is one (paraphrased from another):

    Hello, and welcome to the USCIS Hotline. If you are obsessive-compulsive, please press 1 repeatedly. If you are co-dependent, please ask someone to press 2. If you have multiple personalities, please press 3, 4, 5 and 6. If you are paranoid-delusional, hit your head with the handset. If you have COLTS, hang up and check your LUD here (https://egov.uscis.gov/cris/jsps/login.jsp)...





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  • nogc_noproblem
    08-06 11:53 AM
    A man went into the proctologist's office for his first exam.

    The doctor told him to have a seat. In the examination room and that he would be with him in just a few minutes. When the man sat down and began observing the tools he noticed there were three items on a stand next to the exam table.

    A tube of K-Y jelly; A rubber glove; and A beer.

    When the doctor finally came in the man said, "Look Doc, I'm a little confused. This is my first exam. I know what the K-Y is for, and I know what the glove is for, but can you tell me what the BEER is for?"

    At that the doctor became noticeably outraged and stormed over to the the door. The doc flung the door open and yelled to his nurse.......

    Dam it Helen! I said a BUTT LIGHT





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  • a_yaja
    05-17 07:20 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.
    You still have not told me why you are support the Durbin-Grassley bill and you are OK with consulting on a "full-time" basis. The Durbin-Grassley bill bans this.
    The present laws are more then enough to go after offenders. The law is not being enforced. What makes you think that if the Durbin-Grassley bill is passed, all abuse will stop? People who abuse the system will continue to do so. They will simply say that the job is "permanant, full-time" or whatever the bill requires the job definition to be and file for H1B. And the show will go on. I guess at that point you will then dance when someone else will propose another bill to restrict H1Bs to some other sector that includes you.





    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





    reddog
    01-06 12:49 PM
    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.

    And look at what India is going thru. Each and every year, bomb blasts in multiple cities.

    There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.

    Indians support a military action against Pakistan as they know that the state of Pakistan is involved in these terrorist activities.
    And even if the state not knowing about these people does not relieve them from accountability.
    So how different would it be if India initiates a military strike on Pakistan, will they guarantee that not a single innocent live will be taken?

    Israelis feel much safer in their country, even after being surrounded by enemies from all side.

    I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.

    Or are you saying that they love killing people?



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