విక్రం బుద్ధి అక్రమ నిర్బంధంపై నా బ్లాగుపోస్టుకు సుబ్బారావు గారి స్పందన

నేను నా బ్లాగులో అమెరికా జైల్లో మగ్గుతున్న ఓ తెలుగు యువకుడి తండ్రి ఆవేదన పేరుతో రాసిన దానికి విక్రం బుద్ధి తండ్రిగారు శ్రీ సుబ్బారావు గారు ఈ కింది అంశాలను mail చేశారు. అవి తెలుగు అనువాదంలో కంటే అలా యిస్తేనే సరిగా వుంటుందనే భావనతో నా మైల్ కు వచ్చిన జవాబును ఇక్కడ ఇస్తున్నా. సుబ్బారావుగారి గుండెనిబ్బరం కింది వాక్యాలలో అవగతమౌతుంది. పూర్తివివరాలు

Dear Sri. Varma Kumar,
Thank you for your efforts and concern for Vikram.

Some Essential Facts In Vikram Buddhi's Case:

The public in India is not sufficiently aware of the following essential facts in Vikram Buddhi's case. You are permitted to put these facts on your blog if you wish to. If these are translated into Telugu, please take full care of the meaning and purport of these facts.

(i) The fight is for justice and not for mercy. Vikram Buddhi has been in US jail for over three years. Vikram is an Indian Graduate Student of Purdue University at West Lafayette, Indiana State of United States of America (USA) and he has been pursuing PhD studies simultaneously in pure and applied mathematics at Purdue. In applied mathematics he has been working on non-invasive techniques of cancer detection. He received two times Best Teaching Award from the School of Mathematics of Purdue University Before joining Purdue, Vikram received Medal from IIT Bombay for standing First in M.Sc mathematics. Vikram was a National Science Talent Scholar while in School.

(ii) The media is made to publicize that Vikram Buddhi sent threat e-mails on Internet to US President George W Bush. But there is not even a whisper about any such e-mails, in the eleven counts of charge levelled against Vikram. Consequently Vikram does not know the exact charge that he has to defend himself from.

(iii) In December 2005 and in the beginning of January 2006, there were some Internet Messages posted on Yahoo Message Boards calling upon the people of Iraq to retaliate the unjust Iraq war brought about by US President G W Bush and his Executive Team. Till now no one knows who had posted those Internet Messages.
The Internet Messages on Yahoo space essentially gave a call, "GO IRAQIS! IF GW BUSH SEEKS TO KILL YOU, THEN YOU IRAQIS HAVE EVERY RIGHT TO KILL GW BUSH! IT IS CALLED TIT-FOR-TAT WAR".
The unknown author of those Internet Messages, called upon the Iraqi people to act and seek revenge, "GO IRAQIS! SEEK REVENGE FOR AMERICANS KILLING 312,769 IRAQI WOMEN AND CHILDREN IN IRAQ."

Those Internet Messages appeared after the world came to know the lurid details of the horrible sexual abuses committed by the American Armed Forces Personnel in Abu Ghraib prison in Iraq.

The author of those Internet Messages, whoever it might be, he or she, nowhere stated that the author himself/herself would kill anybody in the United States or destroy anything in the United States. From the beginning to the end it was a call given to the people of Iraq to do “tit- for- tat” and to “seek revenge” over the perceived unjust Iraq war.

(iv) The US Secret Service came to know that the Internet Messages on Yahoo space travelled through the Internet Protocol (IP) addresses belonging to Purdue University. It is well known that Purdue Computer Network has been hacked several times. Since it is their duty to inquire, the US Secret Service visited Purdue University and interrogated several students and others and in that process they interrogated Vikram Buddhi also in the middle of January 2006. All such interrogated people including Vikram Buddhi have been left free with no arrest of anybody.

(v) Following their detailed interrogation regarding the Internet Messages on Yahoo space, the US Secret Service rendered a formal report on February 3, 2006, in which among other things, the Secret Service clearly stated that Vikram Buddhi is not a threat to US President or any of the US Secret Service Protectees (i.e., persons protected by Secret Service).

(vi) After February 3, 2006, there were no new developments and there were no new Internet Messages on Yahoo space of the type found posted earlier in December 2005 and January 2006.

(vii) The only new development after February 3, 2006 is, Vikram's father, former Indian Navy Captain Buddhi Kota Subbarao with PhD in nuclear technology from Indian Institute of Technology (IIT), Bombay and who is also an advocate of Supreme Court of India wrote an article titled, " Indo-US Nuclear Deal- Some Unexplored Angles " which appeared on Internet on March 9, 2006 at site www.countercurrents.org
with link http://www.countercurrents.org/ind-subbarao090306.htm
The article argued that the Indo-US nuclear deal will only benefit US nuclear corporate sector and has several damages in store for India.

(viii) With no other developments after the February 3, 2006 Report of US Secret Service confirming that Vikram Buddhi is not a threat to US President or to any other US Secret Service Protectees, and without any cause of action, Vikram Buddhi was arrested on April 14, 2006. 'Who caused Vikram Buddhi's arrest and why?' remains to be unearthed. The next relevant questions are, "Is there a valid charge against Vikram Buddhi?" and "Is there a fair trial in Vikram Buddhi's case?"

(ix) United States of America prides itself in Rule of Law, Democracy and Freedom of Speech. But in Vikram Buddhi's case, at no stage, Rule of law has been followed. The Indictment (charge) against Vikram Buddhi is invalid as it violates the the US Federal Rules of Criminal Procedure, Rule 7 ( c ) ( 1 ) which provides, “The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged.”. The Indictment against Vikram Buddhi does not state the essential facts of the offence charged. All the eleven counts of charge are, more or less, identically worded and it is enough to look at Count No.1 of the charge which reads:

“On or about December 13, 2005, in the Northern District of Indiana and elsewhere, the defendant, Vikram S. Buddhi did knowingly and willfully threaten to kill the President of the United States, George Bush; All in violation of Title 18, United States Code, Section 871(a).”
The Indictment does not state in what manner the threat is given, whether orally or in writing or in any other menacing manner. Vikram Buddhi cannot know which act or omission of his constituted the offence mounted on him. Therefore the Indictment (Charge) against Vikram Buddhi is invalid for being in violation of Rule 7 ( c ) ( 1 ) of US Federal Rules of Criminal Procedure. Without a valid charge no person can be made to face a criminal trial. But Vikram Buddhi was made to face Jury Trial without a valid charge. In a Jury Trial it is the Members of Jury who collectively decide whether the Defendant (Accused) is guilty or not guilty and the presiding Judge does not decide. However, it is the Judge who instructs the Jury on law as the members of Jury are all ordinary people who have no knowledge of law.

(x) Though there is not even a whisper in any of the eleven counts of Indictment (Charge) to draw attention to the the Internet Messages found posted on Yahoo space in December 2005 and January 2006, the US District Judge (Trial Judge) James T. Moody of Hammond Division, Northern District of Indiana, illegally allowed the Prosecution in June 2007 to place before the Jury the Internet Messages alleging that Vikram Buddhi authored and posted those Internet Messages. The fact is the Prosecution failed to establish that the Internet Messages were authored and posted by Vikram Buddhi. Moreover, the Prosecution failed to establish that there was a 'true threat' to US President G W Bush and others on account of the said Internet Messages. US Supreme Court laid down that a threat to US President is punishable only if it is 'true threat'.

(xi) Since the Internet Messages came under judicial scrutiny during Jury Trial, there was a duty upon the US District Judge James T. Moody to instruct the Members of Jury on the law established by US Supreme Court if Internet Messages are taken as basis to level criminal charges. US Supreme Court laid down that Internet Messages are a form of speech and when speech is made criminal it must be subjected to the Commands of First Amendment to US Constitution which grants freedom of speech protection.

US District Judge James T. Moody allowed the Prosecution to treat the Internet Messages as basis of Prosecution's case but at the same time Judge Moody ignored and neglected the First Amendment Law laid down by US Supreme Court in Internet cases. Judge Moody boldly declared in the open Court in June 2007 that First Amendment has no role in Vikram Buddhi's case and declined to instruct the Jury on the First Amendment Law (TRIAL TRANSCRIPT VOLUME IV, JUNE 28TH, 2007 , page 5). Judge Moody is fully aware, the US Supreme Court repeatedly stressed that resident aliens in United States are entitled to US Constitutional protections under First Amendment (Freedom of Speech), Fifth Amendment (Due Process) and Fourteenth Amendment (Due Process and other legal rights). Thus Vikram Buddhi has been denied his Legal Rights and Constitutional Rights and discriminated. This has made the Jury Trial in Vikram Buddhi's case unfair and illegal.

(xii) During the closing remarks of the Defense to the Jury in June 2007, US District Judge James Moody prevented Defense Attorney John E. Martin from linking the evidence on record with the First Amendment Law. This has denied the Jury of an opportunity to view the evidence on record in the light of the First Amendment Law laid down by US Supreme Court in Internet Cases. This has rendered the Jury Trial unfair and illegal.

(xiii) While in deliberations in their chamber, the Twelve Member Jury (Eight Ladies and Four Gentlemen, all are common persons with no knowledge of law) sent a Written Note to Judge James T.Moody requesting the judge for clarifications and for clear Instructions in Law and also mentioning in the Written Note that the members of Jury saw a contradiction in Judge's Instructions to the Jury. The Judge sent a Written Reply stating that there is no contradiction in his Instructions to the Jury and commanded the Jury to continue their deliberations. Upon receiving such a reply from the Judge, the Twelve Member Jury became helpless and remained ignorant of law concerning Internet cases. Within twenty minutes of receiving such a reply from the Judge, the uninformed, uninstructed and helpless Jury declared on June 28, 2007, the Defendant (Vikram Buddhi) guilty of all charges. All of it has rendered the Jury Trial unfair and illegal.

(xiv) Though the Jury's guilty verdict came on June 28, 2007, Vikram Buddhi could not go in appeal because for more than two years he remained without being sentenced. US District Judge James T. Moody sentenced Vikram Buddhi only in December 2009. On December 11, 2009, Vikram Buddhi has been sentenced to 57 months imprisonment of which Vikram has already completed more than 32 months in prison as of today (May 23, 2010).

(xv) From prison Vikram Buddhi is now pursuing his appeal against the Jury verdict in his case. Vikram has to wait for the day, the US Appeals Court at Chicago takes up his appeal matter for hearing.

(xvi) Iraq war is in violation of International Law and it is also in violation of United Nations Charter. Iraq war is a war without cause.War without cause is murder. The call given to the people of Iraq to retaliate the unjust Iraq war cannot constitute an offence under the law of any land on earth, let alone the land of the United States which prides itself in rule of law.

(xvii) There is an article on Internet titled "Roxana Saberi And Vikram Buddhi – Compel A Comparison" http://www.countercurrents.org/kotasubbarao210409.htm

With best wishes to you and all the readers of your blog.
Sincerely,
Dr.B.K.Subbarao.