JayEnAar Profile picture
Jun 25 8 tweets 2 min read
In deciding Zakia Jaffri's petition the Supreme Court Judges went beyond the questions before them. Not content with simply dismissing the petition, they sought to assert that the PM and HM were innocent and cast aspersions on the motives of the petitioner and her supporters
This is dangerous. It may well be true that there may be malafide intent behind a civil claim or a criminal prosecution. Such suspicions may be backed by evidence in which case it is for the police to investigate and prosecute. But in this case, the SC judges are
Using the prestige of their office to make allegations of intent and motive for which they cannot possibly have evidence. If all they are doing is voicing their suspicions then they are descending from the high ground of judicial independence and objectivity.
The SAT'S so-called clean chit was based on a conclusion that there was "no prosecutable evidence" against the then CM of Gujarat. In other words any prosecution would not, in their opinion, have succeeded in persuading a judge of the guilt 'beyond reasonable doubt'.
But if the Q was different, was there negligence, wilful or otherwise on the part of the State administration?, and if the civil standard of proof applied- "on the balance of probabilities" - then many reasonable people concluded that the State WAS negligent.
Certainly, the US State Department made such a determination in 2005. This finding, and the SIT'S opinion of "No prosecutable evidence" are not mutually incompatible, i.e one does not invalidate the other.
After the Supreme Court judgement in #ZakiaJafri's petition and the arrest of #TeestaSetalvad on the basis of the wholly unjustified observations by the Judges, India must no longer hold on to any faith in the notion that the Courts can be used to hold power to account.

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More from @GorwayGlobal

May 28
On a few of @sanjukta's spaces I've come across a few votaries of #Hindutva. They make a claim that drives me to have a rant. I am a "proud Hindu", they say, and then proceed to make tall unsubstantiated claims. Here's my issue. What does it mean to be a PROUD Hindu?
I can understand the following,
-"devout" Hindu (you spend your day in puja, bhajan, homams, abhishekams and chanting mantras)
- practising Hindu (you have a day job but are a good fellow generally and take part in a puja come it at the end take Aarti and prasad and go your way
-"atheist" Hindu - you were born a Hindu but ove the years youve given up, moved on and become an atheist.
-"militant" Hindu - you do 'battle' at every opportunity with 'militant' religionists from other religions.
But what does it mean to be a "Proud" Hindu?
Read 10 tweets
May 28
@gmcuk decsion to "suspend" the Manchester GP Dr Manjula Arora is stupid beyond belief. On Thursday, @parthaskar had this opinion on the matter:
But Dr Partha Kar was too soft on the General Medical Council's Tribunal. You can read the full Tribunal decision here:
The operative "facts" that the tribunal determined were
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a. sent [her] an email telling [her] they would give you a laptop the next time one is available, or words to that effect;
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May 27
This day 58 years ago on 27 May 1964 India was cast into a dark pall of gloom and shock when All India Radio (as #Doordarshan then was) announced the death of the first Prime Minister, Jawaharlal Nehru. "The light is out" said The Times of India
In the 16 years or so as Prime Minister of a country that was born amidst the cauldron of a bloody #Partition, he succeeded in weaving a diverse nation of many languages, religions, groupings, political views and opinions into a functioning modern State
He was the ultimate modernist, technophile, scientifically-minded, internationalist leader any post-colonial country could have hoped for. Did he have flaws? Hell, yes! He was a human after all not a God, and thank goodness for that.
Read 8 tweets
May 26
Is it just me? to find this Memorandum of Understanding very intriguing? This MoU Between #India's AYUSH ministry (Ayureda, Yoga, Unani, Siddha, and Homeopathy) and DBT the Dept of BioTechnology? Image
Apparently, "There is a need of multi-pronged and technological ways for the exploration and application of this ancient scientific system of health care into the public health care domain."; and what's more.."Biotechnological R & D and Ayush Interventions will improve.."
"quality of life as well as life span (Vayahsthaapana Rasayana) and bring down the associated morbidity pertaining to chronic diseases such as diabetes, obesity, cardiovascular disease, osteoarthritis, cachexia, pain management and infectious diseases for example Tuberculosis."
Read 5 tweets
Apr 3
#SriLanka is reaping the whirlwind of #Hate first ethnically driven hate for the #Tamil people, and then religious hate for #Muslims.
Now they know painfully that Hate for a conveniently defined 'other' is destructive of everyone's prosperity, including your own.
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Apr 1
By listening in on @MuslimSpaces one thing is clear. The primary responsibility for standing up to, and speaking out against, Hindutva #Sanghi outfits that persecute ordinary Muslim citizens, falls to the majority Hindu community and its leaders, representatives and influencers
Not only is this the morally right thing to do, it is is also a matter of self-interest. Hindutva outfits are effectively non-state actors deciding State policy on the hoof, growing ever bolder and becoming ever more brazen in their acts of tyrannical oppression of Muslims
They grow only because they
-are unchecked by the forces of law and order,
- feel emboldened by the silence of the political leadership
- feel immune from action by the institutions of a civilised State.
This cannot be good for the idea of #India as a "Nation of Laws"
Read 6 tweets

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