Saturday, 7 November 2026

Batty Bhatia on Kerala Contempt

The Kerala Congress, in a post on X, insulted the CJI by suggesting he lacked the competence and integrity required of people in the domain of the law. Worse yet it said it would find a 'replacement' for him.

This was the post.

"Dear Surya Kant, If law and order is not your domain, resign now. We will find your replacement who can handle it.

 Since no political party can remove or replace a Supreme Court Judge. The Bench is demanding to know why contempt proceedings should not be initiated against the party. The Keral Congress says the person responsible has been sacked. They do not condone the post in any way.

Batty Bhatia takes issue with what has happened.

Putting Contempt into a Torture Rack: the Supreme Court’s Notice to Kerala Congress 

November 7, 2026 Gautam BhatiaLeave a comment

The Supreme Court is not known to be friendly to criticism.

Yet, it hears review petitions every day which criticise its previous findings.  

Its expansive interpretation of the Contempt of Courts Act and its deployment of the colonial concept of “scandalising the court”

It is a British concept. Britain is not a colony. Nor is India. By the doctrine of autochthony adopted by framers of the Constitution, all extant laws are considered indigenous. Incidentally, England & Wales got rid of 'scandalising' a judge, but the offence remains in Scotland.  

has placed a vast domain of speech under the shadow of illegality.

It was always under that shadow. We don't want judges to be insulted and intimidated because we feel this might undermine the rule of law. 

However, even by these existing standards, the Court’s decision to issue notice to all the office-bearers of the Kerala State Congress Unit for a tweet is a disquieting encroachment into the domain of core, protected speech under Article 19(1)(a) of the Constitution.

It is of no consequence. Congress has apologised. They may make some further declaration to the same effect.  

If a demand to sack a judge goes beyond criticizing a judgment and instead targets the judge's personal integrity, it falls under Criminal Contempt (specifically, "scandalizing the court" under Section 2(c) of the Act). The most recent, relevant case, is In Re: Justice C.S. Karnan (2017). Before that, there was C.K. Daphtary v. O.P. Gupta (1971) 
Hitherto, even under its expanded understanding, the Court had continued to trace the basis of the contempt offence to the observation of the Constitution Bench in Aswini Kumar Ghose vs Arabinda Bose,

A case from 1952 about the 'dual system' which existed at that time. On 30 October 1952, The Times of India published a leading editorial titled "A disturbing decision." The article strongly criticized the Supreme Court's decision to dismantle the dual system, asserting that the Judges had "strained the law" and allowed themselves to be influenced by "politics and policies."

The Supreme Court issued a contempt notice against the newspaper’s Editor, Printer, and Publisher, ruling that attributing improper political motives to judges lowered the dignity of the court and undermined public confidence in the justice system. The respondents acknowledged they had exceeded legitimate bounds of criticism and tendered an unreserved, unconditional apology. Accepting their sincere regret, the Court dropped the proceedings without imposing punishments.
namely spreading the impression that “Judges in the highest Court in the land act on extraneous considerations in deciding cases.”

Which is a milder offence than saying that your party will remove and replace the judge even though it lacks the numbers in parliament to vote for impeachment. Thus, the meaning is that some illegal method will be used to punish and replace the CJI>  

In D.C. Saxena,

a nutter demanded that a Judge who decided against him be sacked and stripped of his citizenship! He was sent to jail.  

the Court likewise differentiated between criticising judgments and “attributing motives” to judges. The 2006 amendment to the Contempt of Courts Act subsequently clarified that the contemptuous statement had to be one that “substantially interferes, or tends substantially to interfere with the due course of justice.”

Which is the case if a political party is trying to force the CJI to resign so they can replace him with someone more to their taste.  

Even in the notorious Prashant Bhushan case – which this blog previously declined to analyse – appropriately abstract observations were made about “shak[ing] the public confidence in the fairness and impartiality of the administration of justice.”

The Court chickened out. It should have sent Bhushan to jail.  

On the one hand, it may be argued that this kind of doctrine is so vague – and so utterly subjective – that virtually any kind of criticism can be taken to be “shaking public confidence in the fairness and impartiality” of the courts, because that determination is purely a matter of opinion.

 The Bench doesn't think it is too vague. It is they who have the authority to make it less so. 

However, even if we take it to be so, the allegedly offending statement in the present case appears to fall well outside its scope.

Appears to whom? Not the Bench and not the Kerala Congress. What is batty Bhatia's locus standi?  

In response to the Chief Justice of India observing that he was not responsible for maintaining law and order,

That is the responsibility of the Executive.  

the Kerala Congress handle tweeted – firmly tongue in cheek, as should be obvious to just about anyone with a functioning antenna for humour – that “Dear Surya Kant, If law and order is not your domain,

it is because actions of the Executive are subject to judicial review. This isn't humour. This is batty Bhatia level stupidity and ignorance.  

resign now. We will find your replacement who can handle it.”

Does the law permit the Kerala Congress to replace judges? No. I suppose one could say the remark falls below the threshold for sedition because it is so silly, but not below the threshold for contempt. 

This is not attribution of motive, it is not questioning of integrity or fairness, and it stretches credulity to the breaking point to suggest that it “shakes the public confidence in the … impartiality of the administration of justice.” 

It isn't a particularly serious matter. Like the 1952 case re. the Times of India, a fulsome apology will suffice.  

and while everyone with the aforementioned functional antennae can see it for what it is – a rather soft jibe at a judge – there is, however, something even more important at stake here: whether tongue in cheek or not, calling for a public official to step down is at the very core of the democratic free speech guarantee; indeed, it is the very mildest form of critique of their functioning that can possibly be offered.

No. It may be sedition or involve contempt of court if a judge is the target. There is a procedure for removing politicians or judges from office. Assassination or Revolution may do so but the would-be assassin or the revolutionary may be arrested and imprisoned before he can acachieve anything

There can be no conceivable reason why judges should be immune from this form of critique,

The reason is that judges who fear for their lives, will not try to restrain politicians. Kerala Congress is under Rahul Gandhi. Everybody knows what his gradmother got up to in the mid-Seventies.  

or why they should seek to punish it by using contempt powers.

Judges gain by punishing those who malign them. Batty Bhatia may be very happy when peole threaten to kill and replace him, but that is because he is as stupid as shit.  


Disturbingly, the Kerala Congress appears to have already admitted guilt by firing their social media person and apologising for the tweet;

Batty Bhatia is deeply disturbed. You'd have to be utterly mad to hire him as a lawyer.  

that the Supreme Court has nonetheless chosen to issue notice with the observation that they will verify whether the apology comes from the “pen or the heart” (how will anyone ever determine that?)

The Judges will. If I say 'I don't believe you', it is implied that I can change my disbelief into belief under some set of circumstances.  

and deal with this with an “iron hand” is even more disturbing, because it suggests that we are at the edge of a slippery slope

Only in the sense that we always have been. Why have judges? Suppose a judge sentences you to prison? Won't you feel annoyed? Why not get rid of judges and police and armies and governments? Also let us get rid of the Sun because it may get too hot and then we will feel uncomfortable.   

where even the boundary between (impermissible) “attribution of motive” and (permissible) critique of a judge is blurred to the point of nothingness.

No. I can say Judge X's ratio is wrong because it ignored a binding staturtory provision. In legal jargon, the ruling is per incuriam. I should not say Judge X's ratio is wrong because he was bribed or because hates people of my religion. 

How are you allowed to criticise the Court, then?

You are welcome to say the Court is elitist or deracinated or inefficient. If you consider a particular judge incompetent or corrupt, produce evidence. Under the 2006 Contempt Amendment Act, Truth is a defence.  

The answer, probably, is that you’ll only find out when you get that contempt notice.

When in doubt, ask a lawyer. Just make sure it isn't batty Bhatia.  

Verdict on Sonia Gandhi- lots of belongings make for Belonging

 Sonia moved to India and married Rajiv before the split in the Congress party. At that time, Indira was getting the blame for devaluation and was dismissed as a 'gungi ghudiya' (dumb doll). Her Cabinet was dominated by Morarji Desai, the Finance Minister, who deeply resented having been passed over for the Prime Ministership. The wily Kamaraj (considered the 'King-Maker') had lost his seat, in 1967, because of his obstinate refusal to abandon the cause of Hindi as the national language. He was busy intruiging against Indira- who had good relations with the Dravidian movement in Tamil Nadu. When she broke with the 'Syndicate', it was the Left parties & the Dravidians who enabled her to rule. But that was in the future. In January 1968, few expected Indira to remain in power. The 1967 election had seen a big swing against Congress. Since Rajiv had qualified as a commercial pilot and there was a world-wide shortage of pilots, he could always provide for his family flying international routes. The family could relocate to any country where they felt comfortable. However, the fact that Indira took to her daughter-in-la, more particularly after she suffered a miscarriage, meant that she could feel comfortable as a member of an Indian joint-family. 

After Indira's great election victory in 1971 and her even more splendid defeat of Pakistan, Indira could consider promoting her son as her successor. Fortunately, Rajiv & Sonia weren't interested in politics. Thus the path was clear for Sanjay and his young wife Maneka. It appears Sonia never got on well with Maneka & thus Maneka and her son Varun are not permited to return to their ancestral party. 

Over the course of the Seventies, stalwarts of the freedom struggle realised the importance of illegally enriching their families. This was because one might not just lose political office but end up in jail. Your family might become reliant on charity- i.e. incur a debt it will be very costly to repay. Sonia was fortunate in that all the Dynasty's corruption- Maruti, Quattrochi, etc- was done when her mother-in-law or husband was in charge. It appears that there was some opacity to these dealings because, on being widowed, Sonia had some cash-flow problems. This was probably related to fear of VP Singh's vigilance on the part of bag-men. Rajiv had bungled things very badly by not getting rid of the fellow sooner. By a stroke of great luck, Advani pulled the rug from underneath VP over the Babri Masjid issue. The Ram Temple saved they Dynasty's bacon- i.e. ill gotten wealth. 

Sonia has published an autobiography 'Belonging' which maintains a diplomatic silence about the rather bizarre goings on in the Prime Minister's household after Sanjay's death. It appears Indira had come to believe that  Maneka, and her mother, were using black magic against her! Interestingly, Indira did the Lakshachandi Path ritual from 1979 to 1983. The eldest daughter-in-law usually participates in this. 

The website 'MyBookAdvisor' summarises her book thus-

Belonging: A Journey of Love Summary

The Greek word 'oikeiosis' (appropriation or belonging) underlines much Catholic dogma.  In the early Church, oikeiosis became a technical term to describe how Jesus Christ, the Divine Son, appropriated or took unto Himself human nature. It came to mean the internal life of the Trinity. It was also seen as the antidote to the estrangement or exile that is sin. Through Christ, humans undergo oikeiosis with God—meaning we are "re-domesticated" or brought back into close communion and familial adoption within the divine household.

Sonia says 'Catholic values are at the back of her mind', but she was married under Hindu rites and ensured her daughter's marriage, too, was Hindu. In this way, she safeguarded her mother-in-law's legacy. Indira had fought a court case to prove her sons were Hindu. 

Belonging: A Journey of Love is organized around Sonia Gandhi’s recurring framework of belonging-as-practice: love isn’t treated as a feeling that arrives, but as something you build through attention, loyalty, and moral choice.

She and Rahul were separated while he was in India training to be a pilot. Their love withstood this separation. Sonia could have chosen to take the kids and leave India with her husband after Indira lost power and there was talk of her being sent to jail. Again, after her husband was killed, she could have left India with her daughter. Clearly, her sense of oikeosis involved staying in India to protect her mother-in-law's legacy. Interestingly, Rahul says he could have become PM in 1995, when he turned 25. At the time there was talk of Sonia's estrangement with the PM- Narasimha Rao. 

Gandhi returns again and again to the idea that love has a political edge—not in the slogan sense, but in how it shapes who gets protected, who gets heard, and what you’re willing to sacrifice when relationships and institutions collide.

For Sonia, the family comes first. The Congress party is its ancetral property. Sadly, her son is a moon-calf. Maybe, he will step aside and let his sister take over.  

One concrete thread she keeps threading through the book is the way personal devotion and public responsibility have to be held together, not traded off.

Devotion to the family is all that matters. You can't put the public interest first. This sounds like the code of the Mafia.  As Michael Corleone says- "Fredo, you're my older brother, and I love you. But don't ever take sides with anyone against the Family again'. Later, after their mother dies, he has Fredo killed. 

Even without a “how-to” plot, the structure keeps circling back to the same claim: belonging is earned through consistency, especially when life gets messy and power makes people act like strangers.

Sonia was ruthless in dumping those who had outlived their usefulness. Often, it turned out they weren't really loyal at all. What was her view of Amitabh Bacchan (from whose family home she was married)? It is said that he had fallen out with Rajiv and then, later on, had refused to help Sonia with her son's college fees. The Bacchans may well have felt that Rajiv hadn't lifted a finger to protect them from VP Singh's investigation of their assets. Loyalty to the Dynasty was a one way street as Arjun Singh was to learn. 

A specific example she leans on is the contrast between private affection and public duty—how Gandhi frames family love as a training ground for solidarity.

But not with her sister-in-law.  

She also uses the book’s repeated return to memory and loss to show that belonging isn’t the absence of grief; it’s what you do after grief, when you still choose people over comfort.

she could have left Delhi- more particularly because she suffers from asthma.  

There’s also a clear emphasis on dignity: Gandhi treats dignity as the minimum standard of love, and she ties that to the way societies can either widen or narrow the circle of care.

She is Italian. There was a lot of poverty in much of Italy at one time. The country made fantastic progress over the course of the Fifties and Sixties.  

Honest limitation: this is not a detailed, chronological memoir, and it doesn’t offer a clear roadmap for applying her ideas to specific modern relationship problems. If you want concrete scenes, named events, and step-by-step guidance, Gandhi’s lyrical, values-driven approach may feel frustratingly broad and occasionally abstract.

She is wary of libel suits. Her book may be anodyne but it should sell well in Congress ruled states. It appears that she thought the tide had turned against Modi after he lost his majority in 2024. She believed that the press would start hammering away at him. But Modi has retained his popularity. His party has made significant gains- most particularly in West Bengal where Rahul says his father's protege, Mamta, waas killing Congress workers. Sonia has been writing quite a few articles, some quite sensible, attacking Modi. The problem is her son who can't speak coherently. Screaming your tits off, at the age of 56, undermines confidence in your ability to run the country. 

Sonia appears to think that Congress is finished in the Hindi belt. Thus she says she wept when she saw the Babri Masjid torn down. Perhaps, she- quite understandably- doesn't like Hinduism. Her mother-in-law did stupid shit under the belief that some Hindu mumbo-jumbo would save her hide. She should have got rid of her Sikh body-guards. Even if she herself wanted to die, she had endangered the lives of her grand-kids for no good reason. Rajiv, too, was stupid- though not because of his religion. The first thing the guy should have done on becoming PM was to get SPG protection for life of all of his family. Perhaps this did not occur to him while he was in office. But, later on, when he put in Chandrashekhar, he should have insisted on it. It appears approval for this was finally given a day before his death! Under Rao, the SPG Act was amended to give protection to the family of the PM up to 5 years after demitting office. Modi changed the law in 2019- which Sonia must resent.

Rajiv also seems to have failed to provide adequate financial security for his family. It may be that he trusted the wrong people. Sonia was left in an embarrassing position when he died. My impression is that Sonia has secured the financial future of the dynasty through real estate dealings. That is a good thing. Indians don't want political leaders to be vulnerable to foreign bribery. Does she want her grand-children to join politics? I think she sees that politics in India is quite lucrative and interesting provided you don't hold any important office and thus don't get targetted. The Dynasty can survive on a smaller scale just as some of the erstwhile Royals have survived. Again, this is no bad thing. The mistake is to take a job which is beyond your capacity. That can get you killed. 

My verdict on Sonia is that she was a true 'pati-vrata' who protected the family legacy.  Sadly, her son is a moon-calf. As President Obama said- “Rahul Gandhi has a nervous, unformed quality about him, as if he were a student who'd done the coursework and was eager to impress the teacher but deep down lacked either the aptitude or the passion to master the subject.' Sonia, by contrast, took the trouble to study Hindi and acquired some knowledge of Indian history and culture. She speaks rarely but doesn't say things which might get her shot. Rajiv's big mistake was to say, in an interview, that he might send troops back to Sri Lanka. All he meant was that the thing hadn't been a collosal error. Sadly, Prabhakarn, the head of the Tamil Tigers, took it to mean that he had only a narrow window of opportunity to kill Rajiv while he was still in opposition. 

My fear is that Rahul will be killed if he becomes PM. Why? He has said that India is like the EU. There is a right of secession. This means some bunch of nutters will accuse him of going back on his word and not splitting up the country. Then, they will kill him. The truth is, Modi is the man who stands between Sonia and a third bereavement. Hopefully, Yogi will succeed him & her grandchildren will grow old without the trauma of losing close relatives to an assassin's bullet. 

Leeuwenis & Eisler on Believing and Thinking

 

Neil Van Leeuwenis, a Philosophy professor, & Jacob Eisler, a Law Professor, have gotten together to write an essay for Aeon- about

Believing and thinking

Thinking is brain activity of a particular sort. It is objective and can be altered by objective means- e.g. drinking lots of beer. Beliefs are not necessarily thoughts nor do they arise in the brain. They may be purely emotional. The word 'Belief' derives from the West Germanic compound *ga-laubon, meaning "to hold dear, esteem, or trust".The base component *laub- derives from the PIE root *leubh-, which means "to care, desire, or love"- i.e. a matter of the heart, not the head. It may be wholly ontologically dysphoric- not at home in the world but directed to some very different, incompossible, type of world. 

The object of love is idealised and may bear only a tenuous connection with reality.  Mummy may say 'I believe in you' at the same time as she confesses she doesn't think you can become a successful Beyonce impersonator because you are ugly and wholly without talent. What Mum means is she loves you regardless of what you look like or how much you earn. 

Our two Professors take a different view- 

The separation of church and state

which is political. It arises in countries which do not have an Established Religion. The US differs from the UK in this respect. Thus, in the UK, when the Anglican Church's General Synod wants to change one of its rules (called 'Measures') the approval of the British Parliament is required. By contrast, the Episcopalian Church in the US does not require the approval of any American Legislature to enact any measure. 

has an unspoken psychological basis: we choose what we believe,

No we don't. Mummy didn't 'choose' to love us and believe in us and vice versa. One may distinguish belief from Faith in that the former may be linked to some particular description of reality- e.g that Heaven & Hell are as real as this world- whereas Faith is founded upon a mysterey- something we can't even begin to describe. 

but not what we think

Sadly, we can't choose what we thnk which is why I am compelled to admit I am a shit poet. I suppose, if I took a lot of drugs, I might briefly think otherwise but I'd soon end up thinking Pink Elephants were flying around the room shitting on my head. 

The idea of separating church and state

starts, for Western Europe,  with the Anabaptists in 1520. In England, Thomas Helwys &, in America, Roger Williams articulated this position in a manner which directly influenced the 13 Colonies choosing to go down this road. However, it wasn't till 1830 that all States embraced this doctrine. By then, the British were prepared to concede Catholic Emancipation & the reduction or elimination of discriminatory laws against Jews, Dissenters and, finally, even Atheists. 

– now entrenched in many modern liberal democracies – is in some ways strange.

No. What was strange was the Government forcing people to attend a particular Church. Some, at least, were bound to rebel or run away. But such people were often more productive and innovative and thus the State lost revenue and military capacity.  

After all, governments must keep themselves informed and inform their citizens.

Why? People can do this better for themselves. Why pay money to bureaucrats to do it for you? On the other hand, it is true that governments must wipe their own bums. This means they must wipe everybody's bum- right?  

That’s why they turn to the science of meteorology to predict weather patterns

There can be a private meteorology service.  

, to economics to understand patterns of growth and decline,

Most economists work for the private sector 

and to the medical sciences to improve public health.

this is also the case of medical research 

So why wouldn’t governments also keep close alliances with religious institutions to know what’s going on with God?

No religion claims to know 'what's going on with God'. Some claim that they know what God wants us to do. This tends to involve giving money to religious nutters. 


Separating church and state appears strange from other perspectives as well. In the historical sweep of large-scale human societies, it’s a relative newcomer, often associated with the United States’ founding father Thomas Jefferson.

Jeff championed the disestablishment of the Episcopalian Church in Virginia (which happened in 1786). But Maryland did it 10 years earlier. But Pennsylvania & Rhode Island never had it in the first place because William Penn, in the former case, & Roger Williams, in the latter, weren't Anglican. Williams is particularly important in that he eventually became a 'Seeker'- i.e. Seeker—he rejected all existing organized churches as corrupt.  He sought to live by his own conscience while waiting for Christ to re-establish a true church

In 1802, Jefferson asserted the principle of separation in a letter to the Danbury Baptist Association in Connecticut:
Believing with you that religion is a matter which lies solely between man and his God … that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature

their Federal legislature. The States could do what they liked. There was dual sovereignty which, at that time, was weighted towards the States.  

would ‘make no law respecting an establishment of religion, or prohibiting the free exercise thereof,’ thus building a wall of separation between Church and State.

Jefferson told a Jewish Doctor that 'in matters of religion, divided we stand, united we fall.'  


We’re fans of Jefferson’s principle, one of us (Neil Van Leeuwen) being a philosophy professor who grew up in the Christian Reformed Church, and the other (Jacob Eisler) being a law professor who regularly attends synagogue. But Jefferson’s letter makes putting the principle into practice sound simpler than it is

It is simplicity itself. Any law interfering with religious freedom (or freedom of conscience) is ultra vires.  

– as though governments could be entirely hands-off when it comes to people’s beliefs, or ‘opinions’.

Nobody claimed that anybody or anything can be entirely hands-off with respect to our affections or expectations.  

That, however, can’t be right: engaging with and shaping political, social and other kinds of beliefs is actually a core function of government.

No. It may be desirable (i.e. an instrument, not a function) for some particular purpose- e.g. to whip up patriotic sentiment to get people to enlist in the Army or buy War bonds- but it is not the purpose of the Government to brainwash its subjects.  

Public education guides what people believe about everything from mathematics to history to astronomy.

Fuck off! Public Schools are shit. That's why Charter Schools are popular with those who can't afford to go private.  

Governments also shape beliefs for policy reasons.

No. Expectations regarding Government actions have policy implications. If beliefs can be shaped by policy, why not make it the task of the Government to ensure that each person believes he or she is the most admired, admirable, and happiest person on the planet? 

Perhaps these two scholars think the best Government is that depicted in the 'Matrix' films. Use human beings as batteries but control their brain-waves so they think they are living their best life in Utopia. 

If fire department officials learn that people believe a building is safe

that is expectation. It is objective. One may say, 'I believe that God will work a miracle such that this high risk building won't burn down'. But, in that case, belief conflicts with 'rational' expectation (i.e. the prediction of the correct theory).  

when it isn’t, they will try to change what people believe about the building’s safety.

No. They may have a duty to evacuate the residents and get the building condemned. They don't have a duty to persuade nutters or senile people or anybody else.  

Belief is also a category of legal interest. If a psychotherapist, for example, believes a patient is a danger to himself or others, the therapist is obligated by law to report that belief.

That is an expectation. The therapist may say 'I believe in you. In my heart of hearts, I am confident you won't actually chop off the head of your Mummy. However, given your diagnosis, the rational expectation is that you pose a risk to others or yourself.'

All this means that Jefferson’s ‘wall of separation’ can’t sensibly prohibit governments from intervening on beliefs of any type whatsoever.

Just as laws against murder can't stop murder. So what? All Jeff was saying was that the matter was justiciable. This didn't mean that if a Govt. policy discriminated against a particular religion, the Courts would always provide a remedy. It just meant that it was possible they might do so.  

Rather, Jefferson – along with advocates of the principle who came after him – must have presupposed that there is something distinctive about religious beliefs that makes it reasonable to give them a different legal status.

No. They treated religious beliefs in the same way as they treated any other type of belief. But so did the Latitudinarian Anglican England which was content with outward conformity. In private, you might lurve the Pope or be a Deist, but so longer as you paid your tithes and attended the Established Church regularly, you would face no persecution. 

But what is this distinctive thing? Is it that religious beliefs concern God? No, because Buddhism is a religion with its own beliefs,

regarding the gods. They are inferior to the Buddha & may serve him faithfully- e.g. Hanuman & Ganapati. 

yet Buddhism has no supreme deity.

The Buddha is supreme. He has various incarnations.  

Is it that religious beliefs concern the supernatural generally? No, because many superstitions that aren’t part of a religion concern the supernatural too. Is it that religious beliefs concern morality, as the biologist Stephen Jay Gould once suggested? No, because many religious beliefs aren’t about morality, and many moral beliefs aren’t religious. In any case, any system of government must presuppose some moral beliefs – eg, that murder is wrong – to be a government at all. These considerations might make one despair of articulating the psychological distinction of interest – what’s different about religious ‘belief’? – that’s needed to make sense of separating church and state in the first place.

These two cretins don't get that 'separation of Church & State' had to do whether people would be fined for not attending the Established Church and whether they were allowed to build their own Churches, Schools, etc. In Massachusets, a Jew had to pay to support the established Episcopalian Church but could not set up a Synagogue for his own people till about 1830. That is why the first such place only opened in 1842. Prior to that the nearest synagogue was in Rhode Island.  

Such attempts at characterising religious belief fail, we think, because they focus on belief contents, or what the believing is about.

It was not the belief but the behaviour which was criminalised. An atheist was left alone provided he kept his views to himself. Still, he had to pay for the maintenance of the established church.  

But since any given idea can be believed in a religious way or not, that won’t work. Our suggestion, then, is that religiously believing is a different attitude from ordinary matter-of-fact believing – a different way of relating to ideas – and that this is what’s distinctive about religious belief.

religious believing is different from ordinary believing because it is religious. Similarly Hindu religious believing is different from ordinary religous believing. Why? That's how predication works.  

In other words, sacralising an idea is different from just taking it to describe how things are.

So is sexualising it. In the one case, prayer may be involved. In the other, masturbation.  

Furthermore, empirical research in cognitive science and anthropology of religion, along with accompanying philosophical analysis, can help reveal characteristic features of the difference in attitude we’re after.

Stupid shite can help stupider shite to be asserted 

To have specific terms, we call that the difference between religious credence and factual belief. Understanding this difference, we’ll see, helps make sense of Jefferson’s wall of separation,

which was political. Different Colonies had different dominant sects. That's why the Federal Government wanted to stay out of religion. But States with established Churches lost enterprising communities to more secular States. Rhode Island prospered industrially and commercially at the cost of Massachusetts. However, its pro-debtor policies (causing it to be named 'Rogues' island) held back its rise as a an alternative financial center. 

and supports the rationale for separating church and state in liberal democracies more generally.

Liberalism is about limited government. That's what these two pedagogues don't understand. They think the Government shoulld be wiping everybody's bum or, at the very least, washing their brain. 


Whatever they are, ‘beliefs’ come in different varieties. The word ‘belief’ is polysemous – meaning it can refer to a range of different-but-related things – and it subsumes a motley crew: from humdrum factual beliefs (say, about where the ice-cream store is) to superstitions (like those found in astrology), and from moral beliefs about murder to philosophical beliefs about how ‘all is one’. As mentioned earlier, beliefs can also be categorised by their contents (what is the belief about? Is it about politics? Or maybe about a probable scientific theory?) Or by the attitude they embody (how does a person relate to given ideas or contents?) Here, however, we focus on the differences between matter-of-fact believing and religious credence as distinct ways in which people process ideas.

Credence of any type does not require idea processing. The medicines we take and the gadgets we use are based on ideas far beyond our ken.  

There are, of course, more varieties of belief-like attitudes. But we home in on factual belief and religious credence since the differences in those attitudes matter most to the psychology of separating church and state.

They are completely irrelevant. The only thing which is relevant is relevant legislation or case law. 
Everson v. Board of Education (1947) says that though tax money can't be spent to aid any sect, it can be spent on a child even if that child belongs to this rather than that sect. In England, at the beginning of the Twentieth Century, the Dissenters had launched a Passive Resistance Campaign because rate payers were having to fund Anglican Schools. Common sense prevailed. The money was for the kid, not the fucking Whore of Babylon. 

Ethnographies of religion, like the anthropologist Tanya Luhrmann’s When God Talks Back (2012), feature the devout talking of their ‘beliefs’ as a matter of choice. One of the congregants from the Vineyard Church whom Luhrmann interviewed told her: ‘There is always a choice to believe what it is.’ And a common theme in the Vineyard is choosing Jesus, which means choosing to believe in Jesus. Nor is choosing ‘belief’ unique to Christianity. People around the world switch religions for reasons of romance or for other social incentives, which means voluntarily choosing what religious credence to have.

There are incentive and mimetic effects but habit is king over all.  

But suppose someone offered you $1 million to believe, in a matter-of-fact way, that lions are vegetarians. Could you do it?

Yes. This is Newcombe's problem or Kavka's toxin or just thinking your spouse is faithful coz they're wealthy & good in bed. 

We doubt it, even if you wanted the money. You could voluntarily imagine that lions are vegetarians, or you might pretend to believe it. But if you know that lions eat meat, you can’t just choose to believe the contrary.

Lions the garden of Eden ate herbs. That is their natural condition. For a million dollars, I will affirm this Christian belief, though I will have the humility to admit that my faith is fragile. Pray for me!  

This is one illustration of how factual belief is not under voluntary control. Or, as one of us (Neil) has put it in Religion as Make-Believe (2023): if you factually believe it, you can’t help believing it. Try for a moment to factually believe that New York City is in Quebec,
Louis d'Ailleboust de Coulonge did, quite properly, annex New Amsterdam to Quebec. Sadly it is illegally occupied by fucking Yankee Doodles like Zohran Mamdani. 
that Iceland is in the Southern Hemisphere,

It will be- when the poles switch once again.  

or that Justin Bieber speaks Swahili as his mother tongue.

The true 'language of the coast' is English and thus it is the Swahili of our age. 

This gives us our first processing difference between religious credence and matter-of-fact belief:

Difference number 1: religious credence is voluntary,

conversion may be- though it may equally be experienced as imposed by God- but, speaking generally, religious credence is a matter of natural oikeiosis or habitus. I am a Hindu coz my beloved Mummy & Daddy were Hindu because their beloved Mummies & Daddies & c.  

while factual belief is involuntary.

You can chose which criteria are used to establish a factual claim. As a supporter of the Bourbons (or a dude who drinks too much bourbon) I think New York ought to belong to the French Department of Quebec. I may go further. I may say 'facts refer to de jure status. New York is de jure part of Quebec'. This may fly under the radar as a legalistic type of parsing or it may be dismissed as a mere jest or foolish type of equivocation. 


But if matter-of-fact belief isn’t voluntary, or responsive to the will, what does it respond to?

Like everything else, it responds, ultimately, to the fitness landscape- which, sooner or later, gets reflected in the incentive matrix. Mimetic effects speed things up.

Numerous psychological pressures come into play, including distortions like biases and misremembering. But that shouldn’t obscure the main driver of factual belief: evidence.

The evidence is always compatible with radically different hypotheses.  

Examples are so simple they’re easy to overlook. If you think, in a matter-of-fact way, that you started the washing machine and then, an hour later, see that the clothes you loaded are dry and still dirty, the evidence of your eyes extinguishes your prior factual belief.

No. It may be that you did start the machine but then a fuse was blown.  

If you think the supermarket is open and then arrive to find its lights are all out, that evidence changes your factual belief.

Unless, there is an electric blackout. You notice that the store clerk is letting in people and giving them a torch. However, he explains that you will have to pay in cash because the electronic tills are off-line.  

Empirical research reveals such evidence-responsiveness already in children and even infants. According to The Scientist in the Crib (1999) by the developmental psychologist Alison Gopnik and colleagues, young children and even babies learn about the world by forming mini-theories in different domains, and testing them – much like scientists do.

And mice are actually decision theorists.  

According to the research of the developmentalists Paul Harris and Melissa Koenig, children are also evidentially discriminating in how they learn from other people. Among other things, children are more likely to believe sources that have been accurate in the past than sources that have been inaccurate.

They are more likely to believe Mummy coz they love her. Daddy is viewed with derision.  

Is religious credence similarly responsive to evidence?

Consider faith. In Hebrews 11:1, we read: ‘Now faith is the assurance of things hoped for, the conviction of things not seen.’ If that’s right, then religious credence doesn’t depend on evidence in the way factual belief does.

Scriputre is evidence for the Faithful. 

In the Gospel of John, for example, we read about Doubting Thomas, who demands evidence that the man before him is Jesus resurrected; he consequently is an exemplar of what faith is not.

Still an Apostle. Peter was worse in that he denied he ever knew Christ.  

In the Old Testament, Noah was an exemplar of faith for building an enormous boat when there was no visible evidence of an impending flood.

He was a guy who got drunk & naked. Ham saw this. His brothers walked backward to cover the father's nakedness without looking at his needle dick & sniggering.  

Examples can be multiplied. If faith is to stand strong, religious credence must endure the slings and arrows of absent, or even contrary, evidence.

Faith is founded on a mystery. What keeps the Eschaton at bay is the mysterious economy of the Katechon.  

Contemporary cognitive science of religion bears out this point. In a series of cross-cultural studies, researchers have found that, from a young age, people, even in religious societies like Iran and the US, report lower levels of confidence in the invisible religious entities they profess, like God and angels, than in invisible scientific entities, like germs and oxygen.

Faith is the gift of God. If you don't have it, ask God for it. Sadly, STEM subject knowledge is in nobody's gift.  

That difference in confidence is presumably due to the felt poverty of evidence for the invisible religious entities.

The same is true of secular ideologies or entities or things which inspire affection or aversion.  

Yet people in some sense nonetheless ‘believe’ (read: religious credence) in the invisible religious entities 

or things like 'Justice' & 'Beauty' & 'Love'.         

The psychologists Emily Liquin, S Emlen Metz and Tania Lombrozo conducted studies finding that participants indicated a lower need for explanation when it came to religious beliefs as opposed to scientific beliefs, while at the same time having a higher mystery acceptance for religious beliefs.

This is the definition of junk social science. The thing isn't replicable.  

So people are often fine treating their religious credences as inexplicable and mysterious.

They are required to if they are Catholic or Orthodox- Mysterium fidei and all that, don't you know. I believe Protestants substitute some sort of clockwork for the soul. I expect it has something to do with Calvin & the watchmakers in Geneva. 

That gives us our second difference between religious credence and matter-of-fact belief:

Difference number 2: factual belief is highly vulnerable to evidence,

only if there is an incentive for 'belief revision' 

while religious credence is not vulnerable to evidence.

The evidence is internal. You may find your Faith has slipped away. This tends to happen to me when the collection box comes around. 

There are, of course, complications here. Religious apologists, for example, claim evidence for the stories and doctrines they profess

So do I. Ask Mary Poppins whether or not I've got a ginormous dong. I do. She knows that coz she was married to me in the Sixties. Since then, I've had a prolonged dry spell. Personally, I blame the stuff they put in the water. Also the whiskey & rum.  

. But claiming evidence is not the same as having one’s credences be vulnerable to it, and apologists are outliers anyway against the broad background of faithful who don’t usually pretend to treat their religious credence in an evidence-based way.

The evidence for an intuition is wholly internal. Apparently, the gut contains 500 million neurons (the enteric nervous system) that communicate with the brain via the vagus nerve. Gut feelings are a real thing.

Those differences, voluntary choice versus evidence-responsiveness, are differences in how religious credence versus factual belief arise in the first place

No. For specific protocol bound purposes, evidence of an admissible type is all that matters. A Shariah Court might come to the same conclusion as one in the Soviet Union. But that does not mean those nvolved have the same creed.  

. But what about downstream differences, like how they bring about action and behaviour?

Action and behaviour depend on reinforcing incentives or punishments.  

This brings us to the third difference. Have you ever heard the expression ‘once-a-week Christian’? The phrase describes people who act as though their Christian ‘beliefs’ are true one day a week – and then largely leave them dormant otherwise.

No. The phrase pretends that something more is required when such is not the case.  

Having grown up and participated in different religious traditions ourselves, we can say from personal experience that more people fit this compartmentalised model than would like to admit.

More people think the two of you are shitheads than you would willingly believe.  

Even those who practise devotion daily may act as if God is real specifically in sacred or ritual times and places, but then not really act this way otherwise.

Nothing wrong in that. We want a surgeon who is paying attention when he cuts us open, not one who is leaving it to God to guide his hand.  

If one asks religious people whether God is ever-present in their lives, they might say yes. But such probes might be like opening the refrigerator to see whether the light is always on. In Breaking the Spell: Religion as a Natural Phenomenon (2006), the philosopher Daniel Dennett highlights this behavioural pattern in even blunter terms. He points out that people do things with God watching that they wouldn’t do with their own mothers watching,

that is entirely a matter of tempora et mores. European Royalt had 'bedding ceremonies' to confirm consummation of the marriage. I don't suppose the poor, sharing a hovel with the barnyard animals were greatly bothered with privacy when it came to procreation or defecation. The good thing about God is that he is impassable & thus unlikely to want to join in.

and then asks pointedly: ‘Do you really believe God is watching you? Perhaps not.’

Do these cunts really think they are smart? Oddly, yes. They literally are that stupid.  

We would say that people who profess to religious credence do typically have religious credence in a watchful deity – but, to Dennett’s point, not factual belief.

God is omniscient. But this is like 'unitarity'. The truth is, at least in theory, all information can be reconstituted.  There may really be a permanent 'witness' to all things. 

Empirical studies and ethnographic observations further exemplify the compartmentalisation of religious credence. According to one study, people in the Bible Belt start subscriptions to pornography sites at the same rate as in less conservative regions of the US – though not on Sundays, when the rate is significantly lower.

Coz that's the day for orgies- right? 

According to another study, charitable giving among the religious is not significantly different from among the secular – except for on Sundays.

Coz orgies leave you feeling generous.  

Turning to a different religious context, the experimental economist Erik Duhaime found that, in an economic game, 100 per cent of Moroccan shopkeepers in the Medina of Marrakesh chose the most charitable option while the call to prayer was audible, dropping to 50 per cent in the 20 minutes following it.

Junk Social Science.  

Another way of putting the point about compartmentalisation would be to say that religious credences tend to guide people’s symbolic actions – prayer, liturgies, rituals or even charity – but not their everyday instrumental actions, like commuting to work or feeding the dog.

Religion is about getting to Heaven. This may involve killing infidels.  

In those cases, the world is just a world, and supernatural beliefs are largely dormant.

Nope. You may believe ghosts or angels or such like are watching you, which is why you should not steal or have a crafty wank.  

And even if a religious tradition says its religious ‘beliefs’ should govern actions all the time, the fact that such norms exist and are hard to follow is actually evidence that such religious credences usually don’t guide action outside of sacred settings. (If they did, why have such a norm?)

Unless they do. Moh Tzu observed that belief in ghosts is socially utile because it was only the fear that ghosts were watching them which kept the peasants honest.  

Matter-of-fact believing, however, is not compartmentalised in this way. Factual belief, in the sense at work here, is a person’s default cognitive map of the world, and it is always on, whenever we act. Examples of ideas most people factually believe help to illustrate this point. Dried concrete is always hard. Electricity just exists. Wood comes from trees. And so on –

Plenty of people in traditional socieites think every tree has its own sprite or tutelary spirit. They are as real to them as electrons are real to us- i.e. the fact that we don't see them does not alter our belief in their existence.  

at least for people who believe those things in a matter-of-fact way. This lack of compartmentalisation can also be illustrated through a contrasting reference to pretend play: even if one pretends that a slab of concrete is a soft bed, one still stretches out on it slowly so as not to injure oneself, rather than flopping down on it.

unless you are drunk off your head. I'm not speaking of myself. It's this other bloke I know.  

That’s because the factual belief that concrete is hard still guides action even when one is pretending otherwise. Whenever you perform actions, you act on a mental model of how things just are, and a person’s default mental model of what the world is like is what we are calling factual belief.

This gives us the following:

Difference number 3: religious credence is compartmentalised, while factual belief is uncompartmentalised.

Factual belief is more compartmentalised. This is because there are different types of fact- e.g. in criminal law, it is a fact that OJ was innocent. In civil law, it was a fact that he was guilty. 

This is all just a snapshot of some of the psychological processing differences between religious credence and factual belief. There are, of course, complications and details to sort out – including hard-to-categorise examples, like conspiracy ‘beliefs’, along with quasi-religious ideological credences – but those shouldn’t obscure the overall picture.

Why not? The overall picture is shit.  

Religious people, by and large, have a two-map cognitive structure with factual belief and religious credence playing distinct roles.

Not if they are lawyers or follow some other protocol bound profession where 'quid facti' is compartmentalised depending upon the forum or type of jurisdiction. 

Factual belief is the evidence-responsive default cognitive map that guides action across settings, and religious credence is a chosen, compartmentalised cognitive map that becomes active in sacralised ritual settings.

Only to the same extent as ideology or habit or fashion or fad  

Those settings may occur as often as several times a day, just one day a week, or even more rarely than that, but compartmentalisation is there in any case.

This could be said of any shite you pull out of your arse.  

Before returning to the issue of separating church and state, let’s just address one more question about this overall psychological picture: are lay people (not just people who read and write essays like this one) aware of the psychological difference between factual belief and religious credence?

Yes. We know Mummy isn't really the best cook in the world. But we love her and, for us, nothing can beat the food she prepares. This is the difference between what is objective and alethic and what is subjective and imperative.  


The answer, the evidence suggests, is yes – at least in a vague way.

Only to the extent that it suggests these worhtless shitheads aren't babbling utter nonsense- but only in a vague way.  

To start, people often express their religious credences by saying things like ‘I personally believe…’ But one would not express a matter-of-fact belief, say, that their bicycle is in the garage, by saying: ‘I personally believe my bicycle is in the garage.’

The same is true in protocol bound fields. I personally believe  OJ i s criminally guilty and double jeapordy does not apply for some technical reason. However, I have to admit, this is not the general view in the legal profession.

They would rather say: ‘I think my bicycle is in the garage’ or just ‘It’s in the garage.’ The inclination to use ‘personally’ suggests people have an intuitive awareness that the kind of ‘belief’ being expressed is a different attitude, a different way of relating to ideas from matter-of-fact belief.

No. You say 'personally' to signal that others in your profession tend to take the opposite view. A Mathematician may say 'I personally believe in Mochizuki's proof. It's just that it doesn't prove the abc theorem as conventionally understood.' The meaning is that the profession as a whole rejects the proof but you, personally, hold a dissenting opinion.  

...Let’s return to Jefferson’s idea and to the political realm more generally. How does the psychological difference between factual belief and religious credence support the political principle of separating church and state?

It doesn't. Jefferson's US had no choice but to go down this road. But England, Holland, Ottoman Turkey, Tzarist Russia etc. doubled down on the Established Church. The French Revolution was crushed. The Catholic Church ruled the roost till 1905. 

We think that understanding the difference – psychological dynamics and all – helps us see two justifications that we couldn’t have articulated clearly otherwise.

First, the fact that religious credences are not vulnerable to evidence helps justify the idea that liberal democracies should not establish state religions, in the sense of compelling people to adhere to them.

Yet England still has an established church as does Denmark. Norway & Sweden have separated Church and State in recent years. This made no difference whatsoever. Liberal Democracies need kick-ass armies- or membership in a kick-ass military alliance- otherwise they are fucked. 

(This is the part of the ‘wall of separation’ captured in the so-called ‘establishment clause’ of the First Amendment to the US Constitution.) The reasoning here is simple. It starts by recognising that any actions a government takes will, in point of fact, be based on, and justified by, ‘beliefs’ of some sort. For example, quarantining people who return from the Democratic Republic of Congo at the time of an Ebola outbreak is based on officials’ factual belief – justified in this case – that those people risk spreading the disease.

No. Government actions are justified by the interests of particular classes of people. If it is in the interest of a powerful group to trade-off Ebola deaths against economic gain- that will be the outcome. No doubt, some lying politician will claim to genuinely believe that Ebola is caused by homosexual monkeys peeing upon Liberal perverts who drive foreign cars and eat Sushi. 

Importantly, if the beliefs in question are vulnerable to evidence,

of what sort? There is internal evidence- e.g. why do I feel so miserable seeing her with another dude? OMG! I'm in love! She's the one I want to marry and settle down with!' There is also external evidence. 'I wonder why she is sucking that bloke off. OMG! She doesn't really like me! She only came with me to the prom because she wanted to hook up with him!'  

as we argued that factual beliefs are, then they will be susceptible to change through the kind of dialogue-based argument and reasoning that is the deliberative heart of democracy.

Bureaucratic technocracy, maybe. But democracy isn't about deliberation. It's about getting a majority, or plurality, of votes. 

Basically, factual belief-based reasoning and policy-making allows everyone to participate,

No. It allows only those who know the facts and who have the academic or professional training or expertise to reason correctly. 

since factual beliefs respond to evidence, and evidential reasons are the property of everyone.

No. Even when you serve on a jury to make determinations of fact, the Judge directs to accept certaint expert testimony and reject other testimony which may apper even more authoritative.  

But, conversely, if a ‘belief’ is not responsive to evidence,

It isn't if it is not in our interest to accept the evidence 

as we argued religious credences are not,

I become an atheist any time someone suggests God wants me to give all my money away to the poor.  

then it won’t be movable by falsification-oriented argumentative reasoning

Nobody is moved by that shite, unless it is in their interest to be so.  

. Only people who already have the ‘belief’ will be convinced by decisions based on it. Thus, a policy explicitly religious in nature – imposing religious practice, for example –

would be fine with those who want a 'separating equilibrium' based on a costly (or costly to disguise) signal. In practice, this is what religious 'shibboleths' do.  

would lack tractability to the defining practices of democratic decision-making.

That is majoritarianism. In practice a democratic country can have a State Religion and make things very difficult for Dissenters. Thus, the 1937 Irish Constitution gives a special place to the Catholic Church. This provision was removed in 1972. The Blasphemy law remained till 2018. 

In short, liberal democracies should exclude religion-establishing policies in order to safeguard the rational communal deliberation that is at their centre.

But would they truly be liberal if they did so? Surely this is a matter that the majority of voters should decide? Otherwise, there is limited democracy.  


Private motivation and public justification are different things

All justification is different from motivation. Private acts, speaking generally, require no justification.  I don't need to explain why I want pizza rather than pasta for dinner. 

This perspective illuminates why policy is justified the way it is in liberal democracies. Even when they happen to be motivated by spiritual convictions, citizens tend to, and legislators must (if they are to be constitutionally respectable), frame the descriptive claims in their arguments in terms of matter-of-fact, universally tractable evidence.

This is an ipse dixit assertion. We don't know what evidence is 'universally tractable'. The sodomy ban may be justified by linking it to evidence that it causes earthquakes. The problem, in Social Sciences, is that causation, as opposed to correlation, is difficult to establish. At some point, you have to take a leap of faith. But, it frequently happens, you have to change your policies on the fly because things seldom work out as anticipated.  

Such framing yields public explanations that are better suited to liberal democratic coexistence than the mere direct clash of disparate religious ‘beliefs’.

Democracies have to use demotic language and adcaptum vulgi arguments. You can't assume every voter has a PhD in decision theory. But, even if this were the case, there would be sharp disagreements between such experts. 

This is apparent in one of the most controversial areas of contemporary policymaking: abortion law.

Which is about values, not evidence.  

Right now in the US, abortion policy runs from fairly permissive in some states to materially restrictive in others. Yet, while it’s true that many political actors are motivated to take positions on this issue that align with their spiritual beliefs and religious affiliations, they still attempt to justify those positions by appeal to beliefs that can be contested by reason and evidence.

Some do. Others don't.  

As a result, debate over how to respect ideals like sanctity of life can, at least in principle, be a matter of public dialogue that includes everyone.

So can debates over whether Smurfette is a virgin.  

We’ve focused on the US case here, because it is prominent in the history of separating church and state.

This is because of the big problem in England of Dissenters and the multiplication of such sects. 

But commitment to the kind of separation spelled out in the US with the First Amendment is mirrored across the globe, from Japan to Mexico

which was run by the Institutional Revolutionary Party for 71 years from 1929 to 2000.  

and from Portugal to Namibia.

Islamic countries seem to be going the other way- look at Erdogan's Turkey or Munir's Pakistan. 

Even the United Kingdom, which has state religions in the form of the Church of England

whose head is the Monarch 

and the Church of Scotland,

whose head is Jesus Christ. It is completely independent of the State in all matters of doctrine & appointments. 

places strict limits on what those state religions can and can’t do in the public sphere.

In civil matters- yes.  

Importantly, again, none of this prevents citizens and leaders from being motivated to prefer one policy over another due to their religious commitments. But private motivation and public justification are different things.

You can make your motivation public.  

Our present point is that the psychological difference between factual belief and religious credence helps explain why a principle that teases apart those two things makes sense.

This is indeed a justiciable matter. Since the 1960's both the Kirk & the Anglican Church has avoided any type of heresy trial or tribunal. However, there is no psychological difference between the literalists and those who put their faith in some arcane scientific, or pseudo-scientific, doctrine. It is a different matter that a Scientist may have religious or atheistical beliefs despite, or because, of the evidence he uncovers.  

Second, the fact that religious credences are psychologically compartmentalised helps justify the idea that, in a liberal society, ‘free exercise’ of religion is a reasonable ideal.

Would a hijab ban be justified? What about the right of a believer to refuse to serve a customer whose life-style she considers abhorrent for religious reasons?  

(This is the other side of the ‘wall of separation’, also captured in the First Amendment: government shouldn’t stop people from choosing which religion to follow, if any.)

What about those of diminished capacity or who are otherwise under the guardianship of the State?  


Here’s how this argument works. The compartmentalisation of religious credence, along with the fact that it operates as a ‘map’ distinct from factual belief,

Our factual beliefs may have non-factual foundations. It is very difficult to demarcate what is 'positive' from what is a 'value judgement'. Most philosophers now believe Popper's demarcation criteria fails as a stand-alone rule.  According to the Duhem-Quine thesis- when a scientific prediction fails, logic alone does not tell you which part of the theoretical network or auxiliary hypothesis is false. Scientists routinely shield core theories from refutation by adjusting background assumptions rather than abandoning the whole framework.

There is also the problem that if you believe in the unicity (oneness or absolute unity) of the universe—where everything that exists is part of one interdependent, fundamental reality—you may end up committing to a form of modal collapse if you also hold that this unified reality exists necessarily and accounts for all possible states of affairs. In this case, you may have something like Godel's ontological proof of God. In other words, you may be a Theist, without knowing it! Religious people may say that atheists of good character are actually of their own faith- they just haven't thought things through sufficiently. 

means that people who have religious credences are at least capable of setting them aside when it comes to interacting with people outside their own religion. (For example, people who have religious credence in the existence of demons don’t typically perform exorcisms on strangers in the supermarket.)

Our habits may be at odds with our beliefs.  

So, since people are capable of setting their religious credences aside in the public sphere, they should be free to keep and venerate them in private, in light of general considerations of privacy and autonomy. Public deliberation can then proceed on the basis of evidence-responsive factual beliefs, as well as moral beliefs that respond to reasons.

But evidence of great interest to the public can be of the following sort-  'I was a drug addicted criminal. Then I found Jesus. Now I am a captain of industry & have a loving family.' 

In short, the default compartmentalisation to which religious credence is prone makes it possible for people with a plurality of religious ‘beliefs’ to co-exist in a free society without a need for the state to challenge any of those ‘beliefs’ per se.

Not if those religious beliefs track racial or class differences. Suppose the Protestant minority owns all the business enterprises and has the best schools, colleges and hospitals. This minority may want Liberal Democracy under the rule of law with strict separation of church and state. But if the Catholic majority are poor, they may want 'Corporatism' & Church run public Schools and Colleges. The conflict between these two classes may lead to violence or ethnic cleansing. The minority might decide it is safer to support the more educated element in the Catholic clergy. 


To put this all together, our argument is this: the deal that separation of church and state offers to the religious – namely, that everyone gets religious freedom in exchange for abiding by a constitution that prevents government from establishing their specific religion – can work only

if religious differences aren't tracking differences in class, race, or historic privilege.  

because religious credences are psychologically compartmentalised

they generally arise through natural 'oikeiosis'. If you were born into a particular class and creed, chances are you will support your 'side' in a political or other conflict.  

and operate at a different level from factual belief.

It may be a fact that your parents were Catholic not Protestant. 

But the very fact of that default compartmentalisation is precisely what makes such a deal worth striking. Jefferson, we suspect, intuitively sensed this, when he composed his letter to the Danbury Baptists, quoted at the outset, assuring them that they wouldn’t be oppressed for their religious commitments. And perhaps we hear a foreshadow of the very idea of compartmentalisation in his line: ‘religion is a matter which lies solely between man and his God.’

Jefferson was a politician. He told people what they wanted to hear.  

The possessive pronoun in that phrase (‘man and his God’) bespeaks the personal nature of religious credence.

as does the phrase 'the man and his ideology'.  

Religious credence, after all, is voluntary.

Not if it arises by oikeiosis or childhood conditioning 

That personal nature makes religious credence inapt for entry into public deliberation,

Why not? We have public deliberation about what is beautiful and what is fashionable and what is good etiquette. Why can't we deliberate abou the nature of our creed and what it would have us do under current circumstances.  

but it also makes it ripe for receiving the freedom from government interference into private lives that characterises liberal societies generally.

Sadly, the demand for government services in 'Income-elastic'. As a country becomes more affluent there is more, not less, government interference in our private lives. If we don't like it, we are welcome to retreat to a bunker in the woods and become a 'survivalist'.  

What is the likely future of Church & State relations? My guess is there will be more 'reasonable accomodation' of faith groups more particularly if they can act cohesively as voting blocks. 

k

Friday, 6 November 2026

The Caravan on Ambani's Antilia

Ten years ago, Caravan published the following. At first sight it looks like good enough journalism. But everybody in Mumbai real estate circles knew it was a bunch of stupid lies.

Will the Bombay High Court Order a CBI Probe Into How the Ambanis Acquired Land For Antilia?

Kaushal Shroff
24 May, 2016

But for over a decade, the land on which Antilia stands has been mired in controversy.

No. It was owned by a secular charity created by Khoja (Ismaili) Muslims. It was sold at above the circle rate to Ambani & the Charity Commissioner signed off on it. Perhaps the Khojas were worried about the worsening position for Indian Muslims after the attack on the Indian parliament & the Godhra atrocity. This was the time to cash out- more particularly because the notoriously corrupt Waqf board was likely to take over from the Charity Commissioner under the terms of a 1995 Act. Ambani had deep pockets and could pay in cash. Thus, this was the right time to sell.   

Situated in one of the most affluent neighbourhoods of the city, the land, even conservatively, was valued anywhere between Rs 200 crore in 2002

The circle rate was 18 crore. Ambani paid a 3 crore premium. The Charity Commissioner signed off. Everything was done and dusted with expedition.  

and Rs 500 crore in 2007,

Bombay didn't go up in flames after ISI sponsored terrorist attacks. Indeed, even after the Taj Hotel attack, Muslims were not slaughtered. Their property was not seized. But this was far from obvious in 2002.  

but the Ambanis, through their corporate entity Antilia Commercial Private Limited, acquired it for a little over Rs 20 crore—at most, a little over a tenth of the cost, but likely much lower considering the appreciation in real estate prices since then.

But, in 2002, if you were Muslim in Bombay, your life- let alone your property- might not be worth tuppence. Indeed, people even spoke of a nuclear exchange with Pakistan.  

At the heart of this matter is a tussle between two laws. Although the original owners of the land, the Currimbhoy Ebrahimbhoy Khoja Orphanage, sold the land in 2002 as they were entitled to do under the Bombay Public Trust Act of 1950, the land actually fell under the Wakf Act of 1995

No it didn't. Why? It was a secular charity to benefit orphans. It wasn't set up to maintain a mosque or other religious institution. Incidentally, the Waqf board in Mumbai is Sunni dominated. Khojas are Ismaili Shias. That was another reason to get rid of the property. Unlike the Bohras, Khoja political influence in India is not significant (as far as I know) because the Aga Khan had supported the Pakistan demand.  

—a law that governs properties set aside by philanthropists to be used for any objective considered pious, religious or charitable under Muslim law. This made the sale of the land without the permission of the respective state wakf board—which oversees the maintenance and administration of wakf property and land—illegal.

That's not what Indian Courts have said. In law, the thing was a secular charity. Ambani has the best lawyers. Smaller fish would have been scared off from bidding because of the notorious problems with Waqf property.  

In April 2004, the Maharashtra wakf board issued a notice to Antilia Commercial asking why the property should not be restored to the board.

The answer was 'go fuck yourself'. They did get a small pay out(16 lakhs) from the Khojas who don't want to antagonise the lumpen Sunnis too much. Hilariously, the Board later decided that this bit of extortion was illicit! 

Though the trust eventually arrived at a settlement with the board, since then, many have claimed that their process was unscrupulous.

It wasn't. The Khoja trustees did the smart thing in selling to Ambani. The mistake was to pay off the Waqf board. They were bound to want a second bite at the cherry. But Ambani's own position was solid. He had bought the land from a secular charity.  PILs were barred by laches. The Waqf board's suit, declaring its own previous actions as mischievous, isn't time-barred but the question re. what is or isn't a Waqf remains pending before the Supreme Court. Chances are, when the matter is resolved, Waqfs will find themselves fucked.  

The contest over the claim to the land has been ongoing since 2005, but neither the state nor the court has ordered any effective action.

Because the claim is a nuisance. Still, maybe it will terminate with a Supreme Court Judgment which destroys the basis for all the nuisance claims made by Waqfs. A great source of corruption will be curbed. The Waqf Amendment Act 2025 solves the problem but some of its provisions have been stayed by the Bench. However, the trend seems to be towards curbing the power and reforming the consititution of Waqf boards. 

After the Bombay High Court admitted the social activist and businessman in the matter on earlier this month, it may once again be in a position to order a Central Bureau of Investigation (CBI) enquiry into the dispute.

 The High Court dismissed it and imposed fines on the dude and his attorney. 

Set up in 1892, the Currimbhoy Ebrahimbhoy Khoja Orphanage trust was, according to its constitution, meant to “provide maintenance and education to the orphane/destitute boys of the Khoja community.”

It did not say religious education though there was provision for it. This was a secular charity. Though Sir Currimbhoy followed the Aga Khan, he wanted to benefit all Khojas regardless of sect. That is why he got it registered as a General Public Charitable Trust under the Maharashtra Charity Commissioner. 

The constitution also stipulates that the managing committee of the trust shall appoint a religious instructor to “teach the Koran and the general and fundamental principles of the Mohammadan religion to pupils of the orphanage.”

But, religious instruction was not the fundamental purpose. It is a different matter that the founder thought religious education was part and parcel of education.  

With a mandate to house young boys and educate them about Islam, the trust was eligible to be qualified a Wakf property.

But it wasn't registered as such. It was registered under the Charity Commissioner, not the Waqf board.  

The trust continued working till 2002, even as its management likely became increasingly aware of the escalating price of the land in its possession. On 21 November 2002, the trust sold the land to Antilia Commercial Private Limited—the Ambani-controlled corporate entity which purchased the property—for a sum that would later appear meager: Rs 21 crore.

In the circumstances, it was the smart move. If war between India and Pakistan had broken out, all Muslim property would have gone to the Custodian of Enemy Property.  

To put it simply, the Currimbhoy Trust was expressly registered under the Bombay Public Trust Act in 1952 and had been working under that law since. After the Wakf Act was passed in 1995, the charity commissioner’s notice officially gave up control of properties that would qualify as a wakf.

No. It was only in July 24, 2003, that an order was passed directing regional offices to stop dealing with the affairs of Muslim trusts.

I suppose the Currimbhoy Trust knew this change was in the pipeline. Hence they were in a hurry to do a deal. Why? The Trust didn't want to come under a bunch of corrupt Sunnis. I suppose the reason the Waqf board is pursuing the matter is because they have their eyes on some other juicy Khoja charities. I should explain, because the Currimbhoy baronets emigrated to Pakistan, their trust was more vulnerable.  

As a result, a few months before the trust sold the land, it had ceased to be answerable to the charity commissioner and was accountable to the Maharashtra Wakf Board instead.

No. That was the case a few months after the land was sold.  

In April 2004, two years after the land was sold, the board issued a notice to the trust and to Antilia Commercial asking why its permission had not been sought for the transaction. The trust chose to challenge the notice before the Wakf tribunal—a special court designated to deal with wakf disputes—in Aurangabad, and claimed that it was a trust and not a wakf property.

They got about 36000 dollars in 2005. Since then, they have got nothing. 

Last year the Central Government's Waqf (Amendment) act was passed. In Maharashtra, this means the Waqf board has to have non-Muslim & female members. Previously under "Section 40", the Waqf Board had the autonomous authority to declare whether a property belonged to it or not. That power has been completely removed, transferring dispute arbitration power to State Revenue District Collectors and the High Court.

A great nuisance has been curbed. 

An year into the litigation before the Wakf tribunal, the trust proposed an amicable settlement to the board. In 2005, the board indicated its acceptance of the settlement. It issued a resolution stating that the sale of the property was necessary to achieve the purpose of the trust—effectively giving the Ambanis a green light to begin construction. It also accepted Rs 16 lakhs in lump sum from the trust and withdrew the suit. The same year, the Currimbhoy trust filed a petition before the Bombay High Court, challenging the circular issued by the charity commissioner putting the trust outside the ambit of the Bombay Public Trusts Act.

And leaving it open to the rapacity of the Waqf board.  

The petition is still pending before the court.

De facto it isn't under the Waqf board.  

The wakf board’s decision to settle was criticised by many ministers, especially from the then-opposition in Maharashtra, the Bharatiya Janata Party, as well as from the Congress. They did not believe that Rs 21 crore was a reasonable price for the land the Currimbhoy trust had sold, and refuted the argument Rs 16 lakh was an acceptable settlement amount.

Why were various provincial politicians not allowed to dip their beaks? The answer is that the Ambani's were and are in the big league. 

In 2007, the state government responded to the criticism it was facing for its inaction and ordered a one-man commission comprising the retired high court judge ATAK Sheikh to look into the legalities of several contested wakf properties.

Congress was in power and wanted to shore up the Muslim vote.  

Sheikh’s report, which was finally released last year, raised red flags against the two former CEOs and one former chairman of the Maharashtra wakf board involved in green-lighting the sale of the land that Antilia stands on today. Sheikh was of the opinion that the board members were guilty of misconduct for personal gain. He noted that he asked SS Ali Qadri, one of former CEOs of the Maharashtra wakf board named in Sheikh’s report, whether the provisions of Section 32 (2) (j) of the Wakf Act—which requires that two-thirds of the wakf board vote in favour of a sale of a wakf property for it to be sold—were followed before the sale of the property. Qadri told Sheikh that “the provisions of section 32 (2) (j of the Wakf Act “were not attracted in this matter.” Sheikh inferred that this meant that the property had not been treated as a wakf. Qadri, he added, “appears to have a ulterior motive, may be for his wrongful gain.” Sheikh believed that Qadri’s conduct, “by making such statement, was exposed to be hostile to the wakf, specially when the board of the wakf is consistently taking stand that it is a wakf property.”

The problem with Muslims isn't that they fight with each other, it is that they accuse each other of renting out their rectums for pennies. 

Throughout these years, BJP MLAs continually raised the issue in the state assembly, asking the government to step in. In 2011, the BJP’s Eknath Khadse,

now with the NCP. He was sidelined in favour of Fadnavis because of corruption and other scandals. 

the leader of the opposition, said that the Antilia property was worth Rs 500 crore. Khadse demanded a CBI probe into the matter. Muslim MLAs including Nawab Malik from the Congress supported his request.

Bashing billionaires seemed 'populist' at one time. Now, only Rahul goes in for it.  

Then, in mid-2011, perhaps responding to the attention the issue was receiving, the centre,

under the utterly useless Manmohan 

too, suggested that the Maharashtra government institute a CBI inquiry into matter. With the pressure piling on it, the state government took the easy way out. It referred the central government’s suggestion to the state’s law and judiciary department for its opinion. Meanwhile, government officials took a stand that no CBI probe was warranted as Sheikh was conducting an inquiry under the Commission of Inquiry Act of 1952. This line of reasoning is specious at best; issues such as these are regularly investigated by multiple agencies simultaneously. In 2011, for instance, the Adarsh Society scam was being looked into by both the CBI and a judicial commission set up under the Inquiry act.

Nobody ever lived in it. But it hasn't been demolished either. A number of arrests were made but no convictions were secured.

Earlier this month, Shadaab Patel filed a PIL in the Bombay High Court seeking a CBI probe into the sale of the property. In his PIL, Patel claimed that Rs 21 crore was only ten percent of the prevailing market rates at that time of the sale. He also alleged that the payment of Rs 16 lakh to settle a dispute over a property measuring 4532.39 square metres in a prime locality in Mumbai was akin to “purchasing peanuts.” According to Patel, the deal involved large-scale corruption, with the pockets of a select few bureaucrats being lined up at the cost of the welfare of the orphans for whom the property was set aside.

This is the dude whose case was dismissed. He and his lawyers paid a fine to the court.  


Coming now, Patel’s PIL could make a crucial difference to the case. In his PIL, he has asked for an inquiry by either a Special Investigative Team of the CBI. The Bombay High Court accepted his PIL, and on 4 May, sought replies from Antilia Commercial, the wakf board, the state government and others.

There is no story covered by Caravan which isn't like this- false on the facts, false in terms of predictions, and utterly foolish given what is common knowledge amongst people in the field in question.  

Thursday, 5 November 2026

Nadim Asrar on Sharjeel Imam

Nadim Asrar writes for Al Jazeera- 

Has India’s democracy failed its Muslims? Jailed scholar triggers debate

Democracy is majority rule. In 1946, the vast majority of Muslims voted for the creation of Pakistan. Partition and ethnic cleansing followed. In Pakistan, kaffirs became second or third class citizens. In India, Muslims lost all the previous concessions they had received. True, if they were the majority in a place- e.g. Vale of Kashmir- they could ethnically cleanse kaffirs, but kaffirs could retaliate with equal or greater brutality. 

Since Muslims haven't tried to kill Prime Ministers- e.g. Indira Gandhi or Rajiv Gandhi- they have not been slaughtered to the extent of Sikhs. But, if they start any violence against kaffirs- e.g. in Godhra- they get stomped. This was also the case with the riots certain Muslim politicians started in Delhi to mark the visit of Trump. They were stomped and the ringleaders are in jail under the draconian UAPA law. 

Sharjeel, whom I believe to be mentally ill, wasn't a ring leader but did incite violence. He was foolish enough to think Mulsims could 'cut off' Assam from the rest of India. He didn't realise that the Assamese, left to themselves, would slaughter every Muslim who didn't run away. 

Why is Sharjeel now being built up as a 'public intellectual'? The answer is Owaisi- the head of a Muslim party who is getting seats in the part of Bihar where, the nutter, Sharjeel wanted to stand. Owaisi is a nationalist and is being kept at arms-length by the dynastic 'INDIA' bloc. Owaisi is threatening to field 200 candidates in UP in March. This could hurty Akhilesh & Rahul while helping the BJP's Yogi retain India's biggest State for a third time. If he does so, he is Modi's natural successor. At 52 years of age, he could dominate the 2030s. 

Building up Sharjeel doesn't actually help the INDIA bloc because the fucker is insane in the mainframe. Still, he is in jail- rather than the lunatic assylum- and thus could be built up as a martyr. The problem is that by promoting Sharjeel (rather than Owaisi) you get Hindu vote consolidation. You help Modi.  

Sharjeel Imam questioned foundational ideas of India’s nationalism

It was Hindu. That is why Muslims broke away 

in an interview with The Quint, inspiring a heated debate.

There may have been heat. There was no light.  

Has the world’s largest democracy failed the world’s largest minority – its nearly 200 million Muslims?

Arguably it has failed its majority by not ethnically cleansing them. Perhaps this is the outcome these nutters really want.  

That question is at the heart of a polarising debate currently under way in India.

There is no debate. Owaisi has an Islamic party. He is a Nationalist but wants things of benefit to Indian Muslims. What is wrong with that? The answer is that he isn't pro-Pakistan and thus can't become a proxy for the US. Incidentally, Owaisi is Sunni whereas Sharjeel is Shia.  

The debate started with Sharjeel Imam, a 38-year-old Muslim scholar,

he is as ignorant as shit. What he does know is Arabic, Persian and Urdu. He should have studied at Osmania & joined Owaisi's outfit. He'd be an MLA from Bihar by now. Incidentally, his dad was associated with Nitish Kumar.  

who gave a lengthy interview to an Indian news website

a shite one 

on September 29 from his prison cell in New Delhi.

It is remarkable how people who believe in violent revolution turn into devout votaries of the constitution once in jail.  

Imam covered a wide range of issues and raised uncomfortable questions about the place of the country’s Muslim minority, which forms roughly 14 percent of India’s 1.4 billion population.

Only Muslims matter. They should be the majority everywhere. If they aren't, they should be treated as such because otherwise nutters like Imran will scream their tits off and shit themselves incessantly.  

“There are around 210 million Muslims in India – one of the biggest Muslim groups in the world, with practically zero say in this democracy,” Imam told the Indian news outlet, The Quint.

There is a Muslim majority state ruled by a Muslim dynasty. The Sikh majority state is ruled by Sikhs. The Christian majority states are run by Christians. How very strange! 

He criticised the Indian constitution for its “enshrined centralisation” of power

That is what Nehru wanted and that is what Nehru got. Why? There was an existential threat from Muslim salami tactics. Hindus had learned from their history. Either they would hang together or they would hang apart.  

and called its brand of secularism “particularly Islamophobic and parochial”,

because it was Hindu. Indian constitution should require all Hindus to chop off their own heads.  

adding that democracy was a tool to deny Muslims their political representation and rights.

The minority should rule the majority. Also, Hindus should chop off their own heads. Why are they not doing so? It is because the Indian constitution is really shitty.  

Who is Sharjeel Imam?

Hailing from Jahanabad district of Bihar, India’s poorest state, Imam graduated from the prestigious Indian Institute of Technology (IIT) Bombay in computer science

but found technology to be Islamophobic 

and worked as a software engineer

The private sector is Islamophobic 

before returning to academics.

Academia turned out to be Islamophobic 

As a doctoral student at the Centre for Historical Studies at New Delhi-based Jawaharlal Nehru University (JNU), his primary research area was the political history of India’s Muslims.

Which everybody already knew.  Still, his Dad thought this useless fellow could get into politics with Communist help. 

In 2019, months after winning a second term in office, Prime Minister Narendra Modi’s Hindu nationalist government passed a controversial citizenship law, which granted an expedited pathway to Indian citizenship for non-Muslim refugees from India’s neighbouring countries.

This had existed since 1948. Nehru passed an ordinance stripping citizenship from Muslims who had crossed the border in panic. Over subsequent decades the Custodian of Evacuee (later, 'Enemy') Property harassed Muslim property owners- alleging they intended to leave- till they ran the fuck away to Pakistan. Why? As Nehru said, room had to be made for non-Muslim refugees fleeing Pakistan.  

The United Nations called the Citizenship Amendment Act (CAA) “fundamentally discriminatory” against Muslims.

Because the UN is fundamentally shit. The plain fact is, non-Muslims are persecuted in Pak & Bangladesh. Muslims aren't. The former qualify for refugee status. The latter don't. What about Muslims accused of blasphemy? If they come to India, the Indian Mullahs put a price on their head. They have to hide or run away again. By contrast if Muslims try to fuck with non-Muslim refugees, they get stomped by the majority.  

The passage of the law ignited nationwide anti-CAA protests.

Which helped the BJP and led to Congress and the Left losing seats. The BJP consolidated its hold on Assam & the North East. Now it has won West Bengal. 

Led by Muslims, mostly women, a weeks-long demonstration near Shaheen Bagh, a densely-populated Muslim ghetto on the southeastern edge of New Delhi, became the epicentre of those protests.

Those women had been lied to. They were told their kids would be deported. Still, they served their purpose, Congress & the Left lost Delhi. Modi & Kejriwal (who chanted Hanuman Chalisa) gained. The BJP's hope is that Rahul's 'vote chori' (Bangladeshi Muslims losing voting rights) will have the same effect. There will be Hindu consolidation.  

Imam was one of the chief organisers of the Shaheen Bagh sit-in. He was arrested in January 2020 for inciting violence through speeches made at the protests.

He went crazy. His lawyer should have said- 'the boy suffered trauma from losing his father to a long battle with cancer. He became unhinged. Here is a Psychiatrist's report. Kindly send him to a hospital for observation. Don't send him to jail. He will get even crazier there.'  

But there had been no violence until his arrest.

Sadly, not enough people were arrested which is why there was violence. Still, the outcome of the riot was predictable. The minority started the trouble. Then the majority stomped them.  

It came the next month in northeast New Delhi where anti-CAA sit-ins organised in Muslim neighbourhoods were attacked by mobs, incited by hate speech from leaders from the governing Bharatiya Janata Party (BJP).

Did you know that George Bush personally crashed planes into the World Islamic Trade Centre's twin towers where Al Qaeda was peaceful doing namaz? Muslims have never initiated violence.  

Despite him being already behind bars when the violence broke out,

which is why he wasn't killed in an 'encounter' 

Imam was charged with rioting, murder, attempted murder, sedition, and “promoting enmity on grounds of religion” under several laws, including a stringent anti-terror law.

He was guilty save by reason of diminished capacity- i.e. he was as crazy as a bed-bug. The properly 

He was not the only one. Nearly a dozen Muslim students and activists, including another JNU scholar Umar Khalid, were arrested and imprisoned for being the alleged conspirators in the 2020 riots. 

They should have been left to roam free so they could be killed in 'encounters'- right? Killing is cheap and easy in a poor country. Extrajudicial killing on an industrial scale is what has kept India together. Why pretend the Bench matters? Jail is where you are kept safe. Indeed, the big gangsters prefer to operate from the safety of a prison cell.  

they remain in jail without trial and repeatedly denied bail, with rights groups calling their continued incarceration a “gross abuse of power” and a glaring example of judicial oversight, in which the accused are “guilty until proven innocent”.

Hilarious! As if troublemakers can't be slaughtered out of hand. If Sharjeel or Khalid were important, they would have been killed. They aren't important. Keeping them in jail gives the police an incentive not to simply shoot those who instigate riots in which policemen are killed. 

According to Imam, such an alleged abuse of power – especially targeting Muslims – is systemic and goes back to the very ideas behind the founding of India as a Hindu-majority country.

You don't need to study at JNU to know this. It is fucking obvious.  

‘Secular and Hindutva frameworks share same ideas’

That may be changing. Yogi is an actual Hindu monk. He could be a three term P.M just like Modi.  


In his interview with The Quint, he called India’s independence icon Mahatma Gandhi a “fascist” for making Congress – the party that led India’s freedom struggle and currently in the opposition – an “essentially Hindu party”

It was already that. The Scotsman who founded it, in the 1880s,  was a Vedantin, Vegetarian who believed in cow protection. That's why there was a Muslim League.  

and for allegedly endorsing certain ideas and practices now pushed by Modi’s BJP and its ideological parent, the far-right Rashtriya Swayamsevak Sangh (RSS).

Yogi isn't from the RSS. If he wins a third term, he will succeed Modi. This means, in the Hindi belt, Hinduism will have the same position as Sikhism in the Punjab. The Abdullah dynasty in Kashmir will be replaced by something more Islamic. 

Founded in 1925 along the lines of the fascist parties in Europe,

No. Dr. Hegdewar created it as a 'non-political' copy of his pal, Dr. Hardikar's, Congress Seva Dal which could be banned at any time. Fascism only arises where there was a Commie threat.  

the RSS aims to turn a constitutionally secular India into an ethnic Hindu state.

led by a Mahatma. That's as Hindu as you can get.  

Imam also accused independent India’s first Prime Minister Jawaharlal Nehru of “falsehood and mythmaking” for projecting India as an ancient, “uniquely tolerant” civilisation in his book, The Discovery of India.

Kaffirs don't have civilization. They have 'jahilliyat'.  

But Imam reserved his most scathing attack for India’s pro-secular liberals, arguing that there is no difference between them and the supporters of the BJP and the RSS.

Because they are kaffirs.  


“In short, both secular and Hindutva frameworks share the same core ideas – the myth of uniformity, centralisation and denial of sharing of power,” he said.

Kaffirs should just kill themselve already. That is the true meaning of Ambedkar's Constitution.  

Hindutva refers to the Hindu supremacist movement championed by the RSS and the BJP

which is why they rule 72 percent of India. The majority wants to be supreme in its own country.  

in order to turn a constitutionally secular India into an ethnic Hindu state.

Yes. I think there will be more 'shuddhi' and 'ghar wapsi' in the Hindi belt over the course of the 2030s.  

In a rebuttal in The Quint, legal scholar Mohd Zeeshan Ahmad said Imam “raises serious historical and ideological questions that cannot be evaded merely because he is facing prosecution,” but that his “equation of secularism with Hindutva is unpersuasive”.

Owaisi, a barrister, has answered all these questions. You can have a Nationalistic Muslim Party which pursues the interests of Muslims while part of coalition governments. . The truth is, if Congress & the Samajwadi parties lose the Muslim vote-bank, their dynastic leaders will dwindle in importance.  

“Imam’s language risks projecting Muslims as a homogeneous political bloc, obscuring disagreements of class, caste, gender, region and ideology,” Ahmad wrote.

Owaisi is projecting Muslims as homogenous. The problem is that 'lower caste' Muslims might increasingly vote for the BJP on the basis of universal entitlements from which they disproportionately benefit.

The big question has to do with the caste census. Congress and its allies are talking about reservations in proportion to the population. But, to accomodate this, particular sub-castes may lose entitlements. This is because of 'open ended enumeration'- i.e. self-identification which, in view of Maha-Dalit & Pasmanda mobilization, may up-end current arrangements.  

“Where are the Pasmanda [less privileged castes] Muslims in this political imagination? Where is the question of gender justice, including the rights of women within Muslim communities? Who gets to speak for the ‘Qaum’ [community], and whose experiences are rendered invisible when a singular political voice claims to represent it?”

Owaisi is putting himself forward. He may not succeed, but younger Muslims may follow his lead. Screaming and rioting is useless. The only way to get power is by winning elections.  


But Irfan Ahmad, professor of anthropology and sociology at Ibn Khaldun University in Istanbul, Turkiye, and author of several acclaimed books on the Muslim question in South Asia, told Al Jazeera that Imam is right in questioning whether there is a difference between the Congress and the BJP when it comes to secularism.

i.e. BJP is secular. 

If you don't want secularism because you are Muslim then you should support Owaisi. His outfit is not tied up with either the Congress led or the BJP led alliances.  

“Indian nationalism rests on a false division between ‘secular’ nationalism of the Congress, especially through its figures like Nehru and Gandhi, on the one hand, and ‘communal’ right-wing forces on the other,” he said.

The division is between the Dynasty- which is now half Italian- and Meritocracy.  


“The fact is that from the beginning, the Congress had within what it depicted as its outside: ethno-racist-Hindu nationalists.

It also had Islamists and Commies but, as time went on, all it had was sycophants & corrupt cunts.*

 

The flow of leaders between the Congress and overtly Hindu parties was smooth,”

as was the flow into Islamist or Communist parties. Jinnah started off in Congress 

he added, citing Lala Lajpat Rai,

The Professor is wholly ignorant. Lala was always a 'garam dal' Congress man. Like Motilal, he joined Swaraj but Swaraj was just the portion of Congress which entered the Legislative Assemblies.  

K M Munshi,

a Congress-man who joined Swaraj. Later, in 1959, he joined Rajaji to found the pro-free market Swantantra Party. He chaired the meeting at which the Vishva Hindu Parishad was founded in 1966

Shyama Prasad Mookerjee,

Never a member of Congress. The Professor who wrote this is as ignorant as shit. That doesn't matter because he is teaching in Turkey.  

and Madan Mohan Malviya as examples.

Founder of the Hindu Mahasabha. His imprimatur helped both Gandhi & Motilal Nehru when they were beginning their political careers in India.  

“K B Hedgewar, the RSS founder, was himself earlier in the Congress.”

as were  Muhammad Ali Jinnah and Chaudhry Khaliquzzaman. Interestingly, the grandfather of Sen.Al Sayed's wife- Shamsuddin Bin Hussain Saheb Jukaku- was in the Muslim League before Independence and in the Congress party after it. He was a capable man but never rose above the rank of Deputy Minister.  


Ahmad, the professor, said the difference between the Congress and the BJP is “of the same nature as the one between Republicans and Democrats in the United States where both converge to advance ‘American interests’ and wage wars outside”.

Most Americans are kaffirs. They should kill themselves. That's what George Washington would have wanted- right? 


“The problem Indian Muslims face is

kaffirs. They should take a fucking hint and just kill themselves already 

not of party politics but the very Indian/Hindu nationalism which all political parties, including the Left, subscribe to, albeit not identically,” he told Al Jazeera.

This ignorant cunt doesn't even know that S.P Mukherjee was never in Congress. Nor was Ambedkar. Both served in Nehru's first Cabinet.  By contrast, Lala Lajpat lived and died a Congress man. 

“If a democracy routinely makes a community, Muslims in this case, invisible in terms of representation in legislatures, then there is something fundamentally wrong with this democracy. Declining ratio of Muslims in parliament testifies to

rising hatred for Muslims. Strangely, Kaffirs don't like being slaughtered by jihadis.  

the silencing of Muslims.”

 They should be allowed to go around demanding the slaughter of kaffirs. Sadly, if kaffirs are the majority they will silence such nutters by beating them to death. 


Ahmad says the “question worth asking is: how correct is the view of a secular India?”

The view of Ahmad is worthless because he is ignorant. Still, at least he isn't a kaffir jahil.  

On political empowerment of India’s Muslims

In his interview with The Quint, Imam suggested that India should have “constitutional republicanism”

It does. Maybe the nutter means ' Consociationalism'

that guarantees decentralisation of power and more community rights. He argued that the 1947 partition of the Indian subcontinent – which gave birth to Muslim-majority Pakistan – “was forced by the Congress”.

Gandhi said Congress leaders were killing Muslims in Bihar. He didn't suspend them from the party.  

He regarded Pakistan’s founding leader Muhammad Ali Jinnah as “a great, democratic leader” and poet-philosopher Muhammad Iqbal as his political inspiration. Calling for a faith-based separation of power, Imam underlined Iqbal’s call for the “creation of a Muslim India within India” and demanded proportional representation as opposed to the first-past-the-post (FPTP) system in Indian elections.

Why is Owaisi not demanding this? It is because Muslims will be slaughtered if they try to get this. Owaisi's brother did get in trouble for making stupid speech about how one Muslim could kill ten Kaffirs. It simply isn't true. The Rezakars backed by Yemeni soldiers proved utterly ineffective when Nehru's 'police action' took over Hyderabad.  

“As Iqbal and Jinnah rightly foresaw, FPTP with no safeguards will lead to permanent marginalisation of Muslims who were, even before partition, the hated minority, the hated ‘other’ of the emerging nationalist discourse,” he said.

Not in Muslim majority states. What Jinnah & Nehru didn't bother with was orderly population exchange.  

“History has proved them right.”

Pakistan is like Prussia- it is an Army with a State, not a State with an Army. Barristers like Iqbal or Jinnah were soon rudely shouldered aside by men in khaki. History proved both had shit for brains. Hilariously, Iqbal thought Pakistan could be more Socialistic than Hindu India! 


Responding to Imam, a columnist who goes by the pseudonym Ibn-e-Khaldun Bharati, wrote in The Print news website that Imam represents an “Islamist agenda” which “demands the status of a nation – a Pakistan within the borders of India”.

He is a nutter. Still, he can be used to stir up trouble- e.g. when a US President visits India. Can he also organize terrorist-cells? No. He is too stupid.  

Calling him “unapologetically anti-liberal, anti-secular, anti-democracy, anti-constitution – in a word, anti-national,” Bharati claims Imam feels “an entitlement to the rulership of India, which has kept their thought-leaders confused about whether they are a nation or a minority”.

The truth is, he is mad. He has delusions of grandeur. 

“A nation needs a state, whereas a minority needs

to emulate the smarter or more productive portion of the majority. If it is itself smarter and more productive, then it should encourage the majority to emulate its habitus.. 

constitutional guarantees. Neither in theory nor in practice can one be both at the same time,” he wrote. “But such has been the ingenuity of Muslim leaders that they have managed to be both simultaneously. They carved a country for themselves and also secured special privileges as a minority – a classic example of having one’s cake and eating it too.”

No. It was what happened everywhere when multi-ethnic Empires broke up. In 1919, the hope was that 'Minorities Treaties' would solve the problem. By 1934, these were being repudiated. Jinnah & Nehru could have done orderly population exchange. But that was too much work, yaar. India pherry hot. 

Incidentally, the Commies who backed the creation of Pakistan, often had to run away from there. The same thing happened to Tudeh after it backed the Ayatollah in Iran.  


Questioning Bharati’s submission, political analyst Asim Ali pointed out “the Kafkaesque nature of the whole affair”.

Did you know Kafka was a Yahudi? That's totes Kafkaesque, innit?  


“This is a man who has now been behind bars for six years ostensibly for a speech advocating a ‘chakka jam’ [road blockade]

The nutter thought mobs of Muslims could defeat the Indian Army & cut off the Siliguri gap. If he weren't insane, he would have been quietly 'encountered'. 

without any call for violence alongside the even more absurd charge of conspiring to incite the Delhi riots that took place a month after he was already in jail,

because a plan can't go ahead after one of the planners is in jail- right?  

” Ali wrote in a column for The Telegraph newspaper.

“The space of experience for Muslims like Imam includes not only their personal experiences of discrimination

he wasn't discriminated against. It's just that he didn't want to do useful stuff and get paid handsomely for it.  

but also of what they have learned about the history of recurrent communal pogroms, the framing of Muslim men in terror cases, the brutalities by policemen and so on,” Ali wrote, citing several examples of police atrocities in the past decades.

Why bother with policemen, when Kaffir mobs will happily do the job more thoroughly at no charge whatsoever to the Exchequer?  

While Ali argued that Imam’s depiction of Gandhi and Jinnah is “grossly distorted” and his reading of the pre-independence and partition history as “warped”, he conceded that there is “space for a person like Imam in a radical democratic project that strives for equality and liberty for everyone” in India.

There is space for lunatics of all descriptions. But criminals belong in jail.  


“Imam envisages a role as the head of an intellectual pressure group of middle-class Muslim activists displacing the clerical establishment as the principal voice articulating a ‘positive’ agenda of ‘Muslim demands’,” Ali wrote.

The cunt has no fucking intellect. Owaisi does. He is a British trained barrister.  Hyderabad is a high tech place. Bihar is a shithole. 

When it comes to the question of future intellectual Muslim leadership, comparisons are often made between Imam and Khalid. Both of them are often accused of being the “masterminds” of the 2020 New Delhi riots and are currently in the same jail in the Indian capital.

Khalid has proper Commie credentials. Sharjeel went astray because his father died.  

But that is where their similarities end.

Khalid, 39, is a left-wing activist who does not reject the Indian constitution – or its version of democracy or secularism – as explicitly as Imam does. He has also frequently cited Gandhi and his message of non-violent resistance in his speeches and writings.

Khalid has a ready-made career when he comes out of jail. He genuinely belongs to the Left eco-system. Sharjeel is distrusted by the genuine Islamists because he has not pursued disciplined study of fiqh. Commies may want to pump and dump him in specific Assembly segments but he is too erratic. He won't stay 'on message'. 

Khalid is hailed by India’s Marxists and liberals as a “model Muslim” who is being punished by an anti-Muslim government for his campaign against the BJP’s hate politics.

Is he an opportunist, like Kanhaiya? No. When he gets out of jail, he can rise within the Left eco-system. 

Global figures and rights groups frequently call for Khalid’s release.

Among them is New York City’s mayor Zohran Mamdani, who, while delivering the inaugural keynote address at the Nelson Mandela Global Leadership Forum in July this year, questioned Khalid’s imprisonment.

“Why must we wait as Umar Khalid enters his sixth year of captivity in Delhi – a political prisoner jailed under the same manufactured charges of terrorism levelled against Madiba,” he said, using the name for Mandela commonly used by South Africans.

There were some dim bulbs who thought Mandela would turn South Africa Communist. Mamdani's dad was always suspicious of the aristocrat, Mandela, whom he considered a Nationalist who would have no truck with Communist policies once his people seized power. Incidentally, the ANC only admitted non-Black members to its ruling body in 1985- by which time the UDF was leading the anti-apartheid movement within the country. 

It was the second time this year that Mamdani, who has Indian roots, had talked about Khalid since being elected as mayor.

Because Khalid genuinely belongs to the Left eco-system. His father was a member of the Islamist SIMI. That is why Khalid is a feather in the cap of the Left though he may be a 'Trojan Horse'.  

In January, he met his parents and left the following handwritten note for him: “Dear Umar, I think of your words on bitterness often, and the importance of not letting it consume one’s self. It was a pleasure to meet your parents. We are all thinking of you.”

The problem for Umar is that the Left's decline has continued. When gets out, he will be confined to the cul de sac of Academia or NGO activism. Power politics is out of his reach.  


Last month, Ireland-based human rights organisation Front Line Defenders in Dublin announced Khalid as the winner of the 2026 Award for Human Rights Defenders at Risk.

He is Muslim- i.e bound to hate Jews. 'Why has Ireland never persecuted Jews', a character in Joyce's Ulysses asks, 'because we nevel let them in!' 

Imam does not evoke such global solidarities, which are mainly limited to India’s Muslim community.

“Take the example of Zohran Mamdani,” says Ahmad, the professor. “While Mamdani spoke about Umar Khalid, what prevents him from even mentioning – let alone pleading for – names like Sharjeel Imam?”

Sharjeel is as crazy as a bed-bug. His lawyers should get him off on the basis of diminished responsibility.  

He says figures like Mamdani or left-wing liberals in India “find it convenient to speak for Umar Khalid because he is ‘secular’, in that he doesn’t posit himself as a Muslim nor uses the vocabulary of Islam to articulate his politics”.

Why is Mamdani not demanding the creation of an Islamic Emirate within the United States?  

“But these figures maintain an eerie silence about Imam, who conducts his politics in an Islamic vocabulary … The eloquence of liberals about Khalid and their silence about Imam is a sign of intellectual confusion, if not moral cowardice.”

Why don't they just join ISIS & kill kaffirs? Is it because they are cowards?  

When asked if he foresees Imam playing a role in an intellectual project of Muslim empowerment, Ahmad said while he had “no secret key to unlock the future”, he did fear that the “current regime is set to suppress such voices”.

It gains by letting Kaffirs hear such voices. This causes 'Hindu consolidation'.  

“In some ways, the treatment of Imam by the regime resonates with the imprisonment of Italy’s Antonio Gramsci in 1926.

Gramsci was wrong to back workers' control of factories. He should have sat quietly in the Soviet Union till Stalin got around to purging him. I suppose he believed his parliamentary immunity would keep him safe from Mussolini- whom he had formerly admired. 

At Gramsci’s trial, the prosecutor said: ‘For 20 years, we must stop this brain from functioning.’

The brain kept functioning. But its output was shit. 

Imam has already been unjustly languishing in jail for nearly seven years.”

He should be in a psychiatric hospital.  

Ahmad concluded by citing the 19th-century philosopher Henry David Thoreau

who was utterly useless 

to highlight the imprisonment of Imam, Khalid and other “prisoners of conscience” – both Muslims and non-Muslims.

“’The true place for a just man’ in an unjust order ‘is also a prison’,” he said.

Thoreau did spend a night in jail for not paying his taxes. A relative paid the fine and he was released. Since he was useless, nobody cared what he got up to. Sharjeel did have some potential as a politician because his father had been quite close to Nitish and his family is well respected. But, he is a nut job. His lawyer should get him off on that basis.