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Monday, December 14, 2009

Re: Vikram Buddhi incarcerated in US jail for 5 years - father says "miscarriage of justice"



On Mon, Dec 14, 2009 at 12:52 AM, Feroze Mithiborwala <feroze.moses777@gmail.com> wrote:

Dear All,

The incarceration of Vikram Buddhi is a crying shame on the nation. The US judiciary stands exposed for having been complicit in this crime. Vikram was always innocent & his email had been hacked & a message threatening the vile Bush was supposedly his crime.

Vikram was at the forefront at the struggles for the oppressed students, especially the Arican-Americans in his campus & that did irk certain racist elements that entrapped him.

Also do note the difference as to the treatment given to Ken Haywood by the Government, Police & our security apparatus. Haywood had sent an email 5 minutes prior to the Ahmedabad blast in the name of the Indian Mujahedeen. Haywood had also undergone training in the US army & was connected to extreme Right wing Born Again Christian cult organizations. And yet he was alloed to escape from the country, given a clean chit & now Haywood is back to conduct his nefarious activities.

In any case, both in Delhi & in Bombay, a movement to "FREE VIKRAM BUDDHI" is now actively pursuing the matter & Vikrams' father Mr. Subbarao, who has been single handedly fighting for his son is now getting wide support. We are soon calling a meeting of various political parties, social & mass organizations to wage a concerted struggle on this issue. We thus appeal to all to condemn this act of the US government & demand the release of this son of India.

Jai Hind !! Jai Bharat !!

Feroze Mithiborwala, Kishore Jagtap, Arun Velaskar, Mulniwasi Mala, Ghazala Azad, Asif Khan, Jagdish Nagarkar, Sanjay Shinde, Mukta Srivastava, Simpreet Singh, Sudhir Dhawale, Shyam Sonar, Avinash Kamble, Varsha V V, Jyoti Badekar, Aarti Badekar, Harshavardhan Vartak, Anil Haate, Vilas Gaikwad, Avi Kamble, Shadab Shaikh, Chetna Birje, Reshma Jagtap, Arif Kapadia, Sayeed Khan, Yavar Qazi, Tito Eapen & Irfan Mulla.






Buddhi's father says US trial 'miscarriage of justice'

PTI
Saturday, December 12, 2009 18:25 IST
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Mumbai: The father of IIT alumnus Vikram Buddhi, who was awarded a nearly five-year jail term by a US court for posting hate messages against former president George W Bush, today sharply reacted to the verdict saying the trial was unfair and a "total miscarriage of justice".

BK Subbarao, a lawyer and former Navy captain, also said the 38-year-old PhD student of Purdue University will appeal against the ruling.

"The sentence has come without a straight trial and without any valid indictment because essential facts were not stated in the charges," Subbarao said, terming it a "total miscarriage of justice".

"As the indictment was invalid, he should not have been sentenced. Buddhi, who is defending himself in US court, will now file an appeal in the appellate court in Chicago."

Buddhi was sentenced to four years and nine months in prison and an additional three years of supervised release by a US court for posting hate messages in 2006 against Bush and calling for bombings of American infrastructure.

Subbarao said the US criminal procedure laws required essential facts of the offence to be stated in the charges, which was not done in his son's case.

He said the first charge against Buddhi states "on or before December 30, 2005 Vikram Buddhi knowingly and wilfully threatened to kill George Bush in violation of section 871 of title 18 US code."

"But nowhere in this charge it was stated how he had threatened. The essential fact was missing and the indictment was invalid. As such, the trial was unfair and sentence should not have been pronounced," Subbarao said.

Subbarao said only during the trial the prosecution had brought before the court the internet messages in question.

"The supreme court of the US has laid down that whenever essential fact of the offence is not stated in the charges, no additional document can be brought to support the indictment," he pointed out.

Therefore, in the opinion of US supreme court, the indictment must stand or can fall on its own. In the case of Buddhi, it fell because the essential fact was missing in the charge, he claimed.

Subbarao hoped that Buddhi would get justice in the appellate court.




--
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/

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