Congress Undemocratic Ideology - 3

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<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>‘Stale’ case in Indian court; not so stale in US court – II</b>

V Sundaram

The Law does not impose upon any person absolutely entitled to a hearing, the burden of voluntary intervention in a suit to which he is a stranger’  Honourable Justice Louis D. Brandeis

Sonia Gandhi seems to be in a state of self-deluded vanity, imagining that she can terrorise all the Hindus of the World into a state of crawling submission.  She and her partymen seem to be under the impression that they can treat the Hindus of India and the World outside, the way in which Hitler and his Nazi goons treated the Jews of Germany from 1934 to 1945.  Dr. Subramanian Swamy in his website has graphically documented and exposed the Nazi antecedents of Sonia Gandhi and her family.

The Secretariat of the United Nations (Dis-United Notions!) disgraced themselves when they invited Sonia Gandhi last year to address them on Mahatma Gandhi’s message of peace and non-violence.  When she went to New York in October 2007, there were massive street protests of Hindus and Hindu Organizations and black flags were shown to her.  The Hindus of America have come to understand that Sonia Gandhi is functioning not as a representative of the Indian State but as a representative of the Pope in Rome whose only aim is destruction of Hinduism and religious promotion of Christianity in India.  The whole world knows that Sonia Gandhi has contempt for the letter and spirit of the Indian Constitution.  These long-held pent up feelings among the Hindus of America came into the open during Sonia’s visit to New York last year. Narain Kataria and Arish K.Sahani, are two of the great American Indian warriors fighting for the protection of Sanathana Dharma and Hinduism against the organized onslaught of Sonia Gandhi and her Islam-embracing, Christianity-coveting and Hindu-hating Congress Party and the dastardly UPA Government in New Delhi.  These two public-spirited Indians in USA had taken the initiative of inserting a full-page advertisement in New York Times on October 6, 2007.  The main objective of this advertisement was to bring out all the known facts and bitter truths about the shady and dubitable political record of Sonia Gandhi in India.  The New York Times advertisement can be seen below:

Indian National Overseas Congress, Inc. (INOC) is functioning as a political agent toady of Sonia Gandhi and her Congress party in USA.  INOC filed a libel complaint petition against Narain Kataria and Arish K.Sahani in the Supreme Court in the State of New York, seeking sanction of damages to the tune of  $100 million for defaming Sonia Gandhi, Rahul Gandhi and the Congress Party in India, through a full page advertisement in New York Times referred to above.  I reliably understand that the Legal and Acceptability Department of the Office of New York Times had carefully discussed the contents of the full-page advertisement with Narain Kataria and Arish K. Sahani, before giving their legal and commercial clearance for the publication of the advertisement in question.

INOC in USA and Sonia and her Congress henchmen in India thought that they could browbeat Narain Kataria and Arish K.Sahani into meek submission by filing a case against them in the Supreme Court of New York.  Narain Kataria and Arish K. Sahani have accepted the brazen challenge of INOC and Sonia Congress and they are fighting out their case in the Supreme Court of New York.  They have requisitioned the services of a firm of Attorneys called Kornstein Veisz Wexler & Pollard, LP, 757 Third Avenue New York, NY 10017 to fight this illegal and uncalled for case filed by the Plaintiff INOC Inc. (Index No.103664/08) The Defendants in this case are: Mr.Narain Kataria, Mr.Arish Sahani, Mr. Srinivasa K. Murthy, Indo Caribbean Council NY Inc., and John Does 1-100.

Kornstein Veisz Wexler & Pollard, LP, have filed a Memorandum of Law on behalf of Defendants Kataria and Sahani in Support of motion to dismiss the libel Petition of INOC in the Supreme Court in the State of New York on 30th May 2008.  As a civil servant, I have dealt with several types of Memorandum of this kind.  I must say that this Memorandum will stand the strictest judicial scrutiny in any Court of Law in any part of the World.  Incisive logic, sharp, clear and rapier-like presentation of points of criminal and constitutional law, an iron determination to put across precise statements of point of view rooted in jurisprudence, equity and natural justice and above all a burning desire to fight the dictatorial anti-Hindu forces represented by the INOC in a liberal and free country like America — these and other sterling characteristics of this Memorandum leave a lasting impression upon the souls of all genuine lovers of freedom and liberty who are fully aware of the tyrannical ways of Hitler-like Sonia Gandhi and her Congress Nazi goons in India.

Here are a few introductory flashes from the Memorandum of Law brilliantly prepared and presented by Kornstein Veisz Wexler & Pollard, LP, in the Supreme Court of New York:

‘This libel case arises from a high-handed, authoritarian effort by supporters of the most powerful political party in India — the Indian National Congress Party (‘Congress’ or ‘Congress Party’) once led by Mahatma Gandhi — to muzzle and punish Congress Party critics in America in a manner Mahatma Gandhi would not approve’.

In their Memorandum under Gandhi and Free Speech, they have stated that ‘As a barrister as well as the founder of modern India, Gandhi well understood the fundamental importance of freedom of expression and the crucial right to criticize those in power. Gandhi wrote in 1922 ‘Liberty of speech’ means that it is unassailed even when the speech hurts; liberty of the Press can be said to be truly respected only when the Press can comment in the severest terms upon and even misrepresent matters’. (Ref. Gandhi, ‘Liberty of the Press’, Young India, Jan. 12, 1922, reprinted in XXII The Collected Works of Mahatma Gandhi 17 6 (No. 74) (1966).

The Attorneys for Kataria and Sahani have stated that Mahatma Gandhi’s Principles have been betrayed by INOC Inc. They have said that Mahatma Gandhi’s enthusiastic support for free speech gets an ironic twist from this ill-conceived political libel case.  ‘Eighty-six years after Gandhi wrote ‘Liberty of the Press’, a New York corporation that purports to speak for Gandhi’s own ruling Congress Party seeks to subvert and diminish freedom of the press by using American libel law to stop criticism of Party leaders published in a political advertisement in the New York Times. Plaintiff, Congress’s self-appointed proxy, has sued three Americans by name, one organization and 100 John Does for $100 million.  Gandhi would be embarrassed, saddened and appalled at plaintiff’s misguided effort, to silence and intimidate critics of Indian government leaders’.

Our First Amendment Violated:  ‘Not only does this lawsuit betray Gandhi’s bedrock political principles, but it also violates our basic law and heritage.  It seeks to punish pure political speech, which enjoys the highest protection under both the U.S. and New York Constitutions. ‘The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means ... is a fundamental principle of our constitutional system’. (Ref. Stromberq 2v. California, 283 U.S. 359, 369 (1931)].  The defendants have wrongly been sued for exercising their prized American privilege to speak one’s mind, although not always with perfect good taste, on all public institutions. (Ref. Bridges v. California, 314 U.S. 252, 270 (1941)].  This case must be considered against the background of ‘a profound national commitment to the principle’ that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials’.  [Ref. New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)].

Then the Attorneys have argued that this Petition filed by INOC Inc. should be dismissed without much ado. ‘Why this Action Should Be Dismissed’?  To protect the cherished rights enshrined in the First Amendment, and to avoid a dangerous precedent that would encourage other such misguided political libel suits, this action should be dismissed for three reasons.

1.The allegedly libelous statements are not ‘of and concerning’ the plaintiff, who therefore lacks standing to sue. Plaintiff is the Indian National Overseas Congress, Inc. (“INOC”) but the statements are about Sonia and Rahul Gandhi, and the Congress Party — not the plaintiff (In my view a typical Congress slavish benami like any other Union Cabinet Minister!!)

2.The statements at issue are constitutionally protected core political speech, based on official documents and previously published reports (about Sonia Gandhi, Congress Party, Rahul etc. etc.) and therefore not made with ‘actual malice’. [Ref. New York Times Co. v. Sullivan, supra].  ‘They cannot be the basis of a libel claim’.

3.‘Finally, the statements are either true, not defamatory, non-actionable opinion, or rhetorical hyperbole, and for that reason too are not libelous.

Each of these grounds alone warrants the amended complaint’s complete dismissal.  Together, they make an overwhelming, clear and convincing argument for that relief, now, at the outset of this litigation’. [Ref. Khan v. New York Times Co., 269 A.D.2d 74, 75-78, 710 N.Y.S.2d 41, 44 (1st Dep’t 2000)].

What is this pseudo-secular anti-Hindu lawsuit really about? It seems it is intimidation—intimidation of anyone inclined to raise questions or express concerns about the Italian Catholic Sonia who heads the slavish and dying Congress Party. It is meant to silence her critics. Faced with the cost and time of defending themselves, plus the emotional drain the threat of lawsuit poses, the intent is to make the defendants like Narain Kataria and Arish K.Sahani give up, shut up and go away. Their message to the Hindus of the World is: HINDUS OF THE WORLD UNITE!  YOU HAVE NOTHING TO LOSE BUT YOUR CHAINS

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