Comments on: Does this man have a case? http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/ All that flavorful brownness in one savory packet Sat, 30 Nov 2013 11:11:28 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: backontopic... http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56907 backontopic... Mon, 24 Apr 2006 02:49:33 +0000 http://sepiamutiny.com?p=3284#comment-56907 <p>And back on topic...I am a lawyer, the yes, he does have a case. There are various tort actions he can bring (malicious prosecution, false imprisonment, etc.) The fact that he overstayed his visa is irrelevant if thats not what they arrested him for. IE: They arrested him, and then later found out he didnt have a valid visa. If they arrested him for "acting / being a terrorist" then the evidence that he overstayed his visa will be surpressed from the evidence and will never be presented to the jury.</p> And back on topic…I am a lawyer, the yes, he does have a case. There are various tort actions he can bring (malicious prosecution, false imprisonment, etc.) The fact that he overstayed his visa is irrelevant if thats not what they arrested him for. IE: They arrested him, and then later found out he didnt have a valid visa. If they arrested him for “acting / being a terrorist” then the evidence that he overstayed his visa will be surpressed from the evidence and will never be presented to the jury.

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By: Gaurav http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56577 Gaurav Fri, 21 Apr 2006 11:33:46 +0000 http://sepiamutiny.com?p=3284#comment-56577 <p>Someone (48#)</p> <p>It does look like that. Apologies if I misread you.</p> <p>Regards</p> Someone (48#)

It does look like that. Apologies if I misread you.

Regards

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By: someone else http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56576 someone else Fri, 21 Apr 2006 11:15:16 +0000 http://sepiamutiny.com?p=3284#comment-56576 <p><i>So, for you 1857 and Bhagat Singh are same as Hamas ?</i></p> <p>Yes, that's exactly what I'm saying. <em>rolls eyes</em></p> So, for you 1857 and Bhagat Singh are same as Hamas ?

Yes, that’s exactly what I’m saying. rolls eyes

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By: Gaurav http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56574 Gaurav Fri, 21 Apr 2006 10:00:21 +0000 http://sepiamutiny.com?p=3284#comment-56574 <p>Someone Else (#46),</p> <p>So, for you 1857 and Bhagat Singh are same as Hamas ? That's what I could glean from your nuance.</p> <p>Regards</p> Someone Else (#46),

So, for you 1857 and Bhagat Singh are same as Hamas ? That’s what I could glean from your nuance.

Regards

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By: someone else http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56566 someone else Fri, 21 Apr 2006 07:01:54 +0000 http://sepiamutiny.com?p=3284#comment-56566 <p><i>Besides, however much we nitpick about all this, there is clearly a fundamental difference in approach between the Indian struggle for independence and Palestine's Hamas, isn't there?</i></p> <p>There's a difference in approach between Gandhiism (as I understand it) and Hamas, yes. I'm just saying that to put South Asian nationalist movements on a pedestal and pretend that 1857, the Extremists, the INA, and many other things didn't happen seems overly selective and simplified to me. Likewise, to argue that Hamas has been the entirety of the Palestinian Independence movement is not fair. Most of all, a consideration of the moral worth of the tactics that particular groups or populations chose (and thereby assigning them moral worth) withouht looking at the institutional and social conditions they faced is ridiculous. In other words, sometimes people like to pretend that all resistance movements that don't eschew violence have no moral worth when it's a lot more complicated than that, and I hope that you would acknowledge that. Arguably, if major world powers hadn't exhausted themselves in World War II, the end of British rule in South Asia would have been much more difficult to achieve and we might be having a very different discussion right now because.</p> <p>I'm not a huge fan of Hamas regardless, and I'm sympathetic to some--maybe a lot--of what you're saying so you could somewhat fairly call this nitpicking, but the interpretation you're giving feeds too easily into prevalent stereotypes about Muslims, Palestinians, independence movements, Gandhi, etc.</p> Besides, however much we nitpick about all this, there is clearly a fundamental difference in approach between the Indian struggle for independence and Palestine’s Hamas, isn’t there?

There’s a difference in approach between Gandhiism (as I understand it) and Hamas, yes. I’m just saying that to put South Asian nationalist movements on a pedestal and pretend that 1857, the Extremists, the INA, and many other things didn’t happen seems overly selective and simplified to me. Likewise, to argue that Hamas has been the entirety of the Palestinian Independence movement is not fair. Most of all, a consideration of the moral worth of the tactics that particular groups or populations chose (and thereby assigning them moral worth) withouht looking at the institutional and social conditions they faced is ridiculous. In other words, sometimes people like to pretend that all resistance movements that don’t eschew violence have no moral worth when it’s a lot more complicated than that, and I hope that you would acknowledge that. Arguably, if major world powers hadn’t exhausted themselves in World War II, the end of British rule in South Asia would have been much more difficult to achieve and we might be having a very different discussion right now because.

I’m not a huge fan of Hamas regardless, and I’m sympathetic to some–maybe a lot–of what you’re saying so you could somewhat fairly call this nitpicking, but the interpretation you’re giving feeds too easily into prevalent stereotypes about Muslims, Palestinians, independence movements, Gandhi, etc.

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By: desiinsouthafrica http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56507 desiinsouthafrica Thu, 20 Apr 2006 22:53:04 +0000 http://sepiamutiny.com?p=3284#comment-56507 <p>Bytewords,</p> <p>Please refrain from commenting about things about which you clearly lack knowledge. If you really think the anti-apartheid movement in South Africa was non-violent, all you have to do is read Mandela's stirring letters where he laments having to depart from Gandhian thought because of the realities of the situation present in the country at the time. All you have to do is to read about or watch the proceedings of the Truth and Reconciliation Commission in which thousands of black and Coloured South Africans applied for amnesty for violent acts committed in the name of ideology. http://www.info.gov.za/otherdocs/2003/trc/</p> <p>That was all you had to do to educate yourself before you spewed ignorance.</p> Bytewords,

Please refrain from commenting about things about which you clearly lack knowledge. If you really think the anti-apartheid movement in South Africa was non-violent, all you have to do is read Mandela’s stirring letters where he laments having to depart from Gandhian thought because of the realities of the situation present in the country at the time. All you have to do is to read about or watch the proceedings of the Truth and Reconciliation Commission in which thousands of black and Coloured South Africans applied for amnesty for violent acts committed in the name of ideology. http://www.info.gov.za/otherdocs/2003/trc/

That was all you had to do to educate yourself before you spewed ignorance.

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By: bytewords http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56490 bytewords Thu, 20 Apr 2006 21:58:07 +0000 http://sepiamutiny.com?p=3284#comment-56490 <blockquote>Extremists were among the first to advocate for outright independence and also employed political violence. To argue that this had no role in reversing that Partition (along with other nonviolent tactics like economic boycott, etc.) or in shaping the nationalist movement (along with the Gadr Revolution, the INA, Gandhi, the All India Muslim League, and many other things) is to vastly oversimplify things.</blockquote> <p>Not contesting that there were no extremists. But if I were to point out the dominant force in the independence struggle, I would look at Gandhi. If you look at public opinion then, Gandhi mobilized more than any of the others. That is what I mean by "largely non-violently". It is usually also how people actively involved in the struggle remember. The rest you quote are remembered as influences, not the dominant popular force.</p> <p>True, in the end India was partitioned (the 47 one, not the 05 one you talked about) and nothing stopped the violence then. No doubt that is a tragic failure of gigantic proportions. But what is to say that this would not have happened otherwise? I am not sure anyone saw such a disaster coming other than the ones who made it happen (on either side).</p> <p>Besides, however much we nitpick about all this, there is clearly a fundamental difference in approach between the Indian struggle for independence and Palestine's Hamas, isn't there?</p> <p>Re: Polisario. I must confess I don't have a deep background (though I know a bit about this). But I do not agree that world press attention will get you much. For all that we say today, Gandhi hardly had much of world press support---most of the world looked at him then with amusement, not respect. Respect came once India became independent, not the other way.</p> <p>Also, as an aside. Just ideals won't get you anywhere. Gandhi was undoubtedly very shrewd, and I think this is just as important if you forswear violence. I know some people see this aspect of Gandhi as negative, but from my perspective he would have got nowhere without it.</p> Extremists were among the first to advocate for outright independence and also employed political violence. To argue that this had no role in reversing that Partition (along with other nonviolent tactics like economic boycott, etc.) or in shaping the nationalist movement (along with the Gadr Revolution, the INA, Gandhi, the All India Muslim League, and many other things) is to vastly oversimplify things.

Not contesting that there were no extremists. But if I were to point out the dominant force in the independence struggle, I would look at Gandhi. If you look at public opinion then, Gandhi mobilized more than any of the others. That is what I mean by “largely non-violently”. It is usually also how people actively involved in the struggle remember. The rest you quote are remembered as influences, not the dominant popular force.

True, in the end India was partitioned (the 47 one, not the 05 one you talked about) and nothing stopped the violence then. No doubt that is a tragic failure of gigantic proportions. But what is to say that this would not have happened otherwise? I am not sure anyone saw such a disaster coming other than the ones who made it happen (on either side).

Besides, however much we nitpick about all this, there is clearly a fundamental difference in approach between the Indian struggle for independence and Palestine’s Hamas, isn’t there?

Re: Polisario. I must confess I don’t have a deep background (though I know a bit about this). But I do not agree that world press attention will get you much. For all that we say today, Gandhi hardly had much of world press support—most of the world looked at him then with amusement, not respect. Respect came once India became independent, not the other way.

Also, as an aside. Just ideals won’t get you anywhere. Gandhi was undoubtedly very shrewd, and I think this is just as important if you forswear violence. I know some people see this aspect of Gandhi as negative, but from my perspective he would have got nowhere without it.

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By: someone else http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56400 someone else Thu, 20 Apr 2006 08:24:10 +0000 http://sepiamutiny.com?p=3284#comment-56400 <p><i>well, none of the 3 above have any real evidence negating the premise that the above cases are examples where the reform came about largely non-violently. apart from speculation and high volume of course.</i></p> <p>bytewords, this is ridiculous. The nationalist movement(s) in South Asia had both violent and non-violent aspects to it. For example, during the 1st Partition of Bengal (1905-1912), the Extremists were among the first to advocate for outright independence and also employed political violence. To argue that this had no role in reversing that Partition (along with other nonviolent tactics like economic boycott, etc.) or in shaping the nationalist movement (along with the Gadr Revolution, the INA, Gandhi, the All India Muslim League, and many other things) is to vastly oversimplify things. It's akin to talking about the independence movement without talking about religion.</p> <p>I don't generally disagree with you that violence is acceptable in exceedingly unique and hopefully rare circumstances. At the same time it's important not to be doctrinaire about things (I'm not sure if that's what you're engaging in here, but it sounds like it). Consider this <a href="http://www.slate.com/id/2137825/">this Slate article on Western Sahara</a> just as a contrasting story. Here's an excerpt:</p> <p>"The attention we give to blood and destruction also helps keep the story off the news agenda. Since the 1991 cease-fire, the Polisario have forsworn violence as a means to further their cause. The Polisario's leaders know that if they were to resume guerrilla action, the Moroccans would be quick to cry terrorism in order to turn their powerful allies against them. Eager for the simplicity of 'us' against the 'terrorists,' the world's press would almost certainly play along. But the paradox of an ugly world is here very evident: Without bloodshed, no one pays any attention to the Polisario. For all the celebration of the nonviolence of Mandela or Gandhi or King, in the real world pacifism has brought the Polisario virtually nothing."</p> well, none of the 3 above have any real evidence negating the premise that the above cases are examples where the reform came about largely non-violently. apart from speculation and high volume of course.

bytewords, this is ridiculous. The nationalist movement(s) in South Asia had both violent and non-violent aspects to it. For example, during the 1st Partition of Bengal (1905-1912), the Extremists were among the first to advocate for outright independence and also employed political violence. To argue that this had no role in reversing that Partition (along with other nonviolent tactics like economic boycott, etc.) or in shaping the nationalist movement (along with the Gadr Revolution, the INA, Gandhi, the All India Muslim League, and many other things) is to vastly oversimplify things. It’s akin to talking about the independence movement without talking about religion.

I don’t generally disagree with you that violence is acceptable in exceedingly unique and hopefully rare circumstances. At the same time it’s important not to be doctrinaire about things (I’m not sure if that’s what you’re engaging in here, but it sounds like it). Consider this this Slate article on Western Sahara just as a contrasting story. Here’s an excerpt:

“The attention we give to blood and destruction also helps keep the story off the news agenda. Since the 1991 cease-fire, the Polisario have forsworn violence as a means to further their cause. The Polisario’s leaders know that if they were to resume guerrilla action, the Moroccans would be quick to cry terrorism in order to turn their powerful allies against them. Eager for the simplicity of ‘us’ against the ‘terrorists,’ the world’s press would almost certainly play along. But the paradox of an ugly world is here very evident: Without bloodshed, no one pays any attention to the Polisario. For all the celebration of the nonviolence of Mandela or Gandhi or King, in the real world pacifism has brought the Polisario virtually nothing.”

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By: someone else http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56395 someone else Thu, 20 Apr 2006 08:09:27 +0000 http://sepiamutiny.com?p=3284#comment-56395 <p><i>IÂ’m not a lawyer, but it doesnÂ’t seem like Sachdev has a case on the detention alone. He had overstayed his 30-day tourist visa, which gives law enforcement wide latitude on detention. Though he wasnÂ’t offered a lawyer, he was detained just three months after 9/11. The case seems stronger when it comes to illegal detention practices, such as being threatened by dogs. None of this means Sachdev was treated fairly, but it does mean his case might be weak.</i></p> <p>I'm not a lawyer either, but the legal aspect of this revolves around a lot of technical points that 1) most people can't engage and 2) don't get to the heart of the matter. In my mind, there are only two conclusions a reasonable, decent person might draw from this incident, not mutually exclusive. One is that the law was violated by the government on one or more points. The other conclusion is that the law is profoundly fucked up with regard to the regime that immigrants can be subjected to.</p> <p>Basically, the question is whether or not you believe that government should have the right to roundup noncitizens of its choosing on whatever grounds it articulates and in whatever manner it sees fit because it has determined that there's an emergency. If this isn't authoritarianism, it's certainly close to it.</p> <p>Of course, I just saw V For Vendetta :)</p> IÂ’m not a lawyer, but it doesnÂ’t seem like Sachdev has a case on the detention alone. He had overstayed his 30-day tourist visa, which gives law enforcement wide latitude on detention. Though he wasnÂ’t offered a lawyer, he was detained just three months after 9/11. The case seems stronger when it comes to illegal detention practices, such as being threatened by dogs. None of this means Sachdev was treated fairly, but it does mean his case might be weak.

I’m not a lawyer either, but the legal aspect of this revolves around a lot of technical points that 1) most people can’t engage and 2) don’t get to the heart of the matter. In my mind, there are only two conclusions a reasonable, decent person might draw from this incident, not mutually exclusive. One is that the law was violated by the government on one or more points. The other conclusion is that the law is profoundly fucked up with regard to the regime that immigrants can be subjected to.

Basically, the question is whether or not you believe that government should have the right to roundup noncitizens of its choosing on whatever grounds it articulates and in whatever manner it sees fit because it has determined that there’s an emergency. If this isn’t authoritarianism, it’s certainly close to it.

Of course, I just saw V For Vendetta :)

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By: Gaurav http://sepiamutiny.com/blog/2006/04/19/does_this_man_h/comment-page-1/#comment-56390 Gaurav Thu, 20 Apr 2006 07:55:44 +0000 http://sepiamutiny.com?p=3284#comment-56390 <p>I will agree with AMD*,</p> <p>Overstaying doesn't deserve this kind of punishment. And it is a sad commentary on society when someone is incarcerated and humiliated just because of malicious rumour mongering.</p> <ul> <li>This assumes that the incident is true, if not the man should be prosecuted for bringing up fraudulent charges</li> </ul> <p>Regards</p> I will agree with AMD*,

Overstaying doesn’t deserve this kind of punishment. And it is a sad commentary on society when someone is incarcerated and humiliated just because of malicious rumour mongering.

  • This assumes that the incident is true, if not the man should be prosecuted for bringing up fraudulent charges

Regards

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