I think such orders should be made speaking orders. V.S.Sardesai
--- On Tue, 12/3/13, Sarbajit Roy <sroy.mb@gmail.com> wrote:
From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: Re: [IAC#RG] Sandhiv Pragya Singh Thakur
To: indiaresists@lists.riseup.net
Date: Tuesday, 12 March, 2013, 12:43 PM
The issue is that Mr. Mahesh Jethmalani, senior advocate (and senior enough BJP leader to "stand" for BJP prez) is already doing his "best" for her. I am sure that the Sadhvi is a disciplined member of the party and knows that her personal problems are insignificant to the larger scheme of party things and all that is needed is for the BJP to come to power at the Centre. As I regularly read judgments and have myself litigated in courts like these in person, it is clear to me that the bail applications are not being properly pursued / argued, and the arguments and citations are hollow/straw-man arguments. Sarbajit On Tue, Mar 12, 2013 at 12:08 PM, Anamika R <anamikaiac@gmail.com> wrote: If this is to be a broad based subject, a PIL has to be filed.
There is no proof of her innocence or guilt as it is still in the purview of judiciary. And the case has hardly moved.
Presently, we are concerned about her safety and medical treatment. Where's the issue?
Sent from my iPad
pros and cons:
- Has the court/state done something that can be proved wrong, or is this just about an interpretation some see as harsh?
- While I agree that her being out on bail seems unlikely to be a problem if she is really sick, if she isn't sick but injured as some allege, and if she jumps bail, who is responsible? She will not lack support to vanish if she wants to. I couldn't care less, but if we are taking up her case on humanitarian grounds, it becomes an important question why the number of completely innocent and unrelated people languishing in jails is not human for us. The question needs answered - why her and why not others?
- Also why not bring pressure for all the potentially innocent who are languishing in jail to get bail? Why is her life more precious than others?
That the right wing has abandoned her seems to not be enough reason for us to take on the job. There are many who were never supported by anyone.
The system is not perfect. Sometimes it is flat out wrong, but if our advocacy must go beyond process and demand exceptions for individual cases, we are weakening the system further and the question is important what is so special about her that you will make an exception for her instead of fighting problems in the system that have made her one of thousands.
Vidyut
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