Monday, May 3, 2010

Court case against the Dalai Lama concludes: no victory, no defeat either

Due to the on-going persecution of Buddhist adherents of the four centuries-old practice of the protective Buddha Dorje Shugden by Tenzin Gyatso, aka the 14th Dalai Lama, and his "Central Tibetan Administration" (CTA), following a ban of that religious practice, the Dorje Shugden Devotees' Charitable and Religious Society took the brave step of filing a Petition to the Delhi High Court, New Delhi, India in 2008.

On 5 April 2010, after more than two years of struggle, the Petition was finally dismissed by Justice S. Muralidhar on technical grounds.

The major reason cited for denying jurisdiction was location. The government of India pointed out that this court has no territorial jurisdiction over a dispute. As they are located in Dharamsala, the state government is to investigate the allegations against the Dalai Lama and Tibetan government in exile. Indian government does not recognize the so-called Tibetan government in exile.

Justice Muralidhar pointed out:

"It is however clarified that the dismissal of this petition will not preclude any individual member or members of the [Dorje Shugden Society] to seek appropriate remedies as may be available to them in law" before the police in Karnataka and its state government.

It was further stated that worshippers of Dorje Shugden have a right to freedom of religion as enshrined under Article 25 of the Constitution.

Predictably, the website of the Central Tibetan Administration on April 20 claimed this as a victory for them, falsely stating on their website that “Justice Muralidhar's decision had the effect of closing the doors on the possibility of similar complaints in the future.” In fact, Justice Muralidar clearly stated that by dismissing the case in its present form he would not express any opinion on the merits or demerits of the case, and he clearly pointed out in paragraph 12 of the Order (as mentioned above): "It is however clarified that the dismissal of this petition will not preclude any individual member or member of the Petitioner No. 1 Society [i.e., the above named Dorje Shugden Society] to seek appropriate remedies as may be available to them in law before the appropriate forum…".

The court noted that the Shugden Society's harassment and maltreatment accusations had not yet been lodged in a formal complaint to the local police authorities. This has led the CTA to take the Justice’s comments out of context, stating that the Petition had been dismissed due to 'vague averments' regarding cases of harassment and persecution against Shugden devotees. The actual order in fact reads that they were vague statements because "the criminal law remedies available to the Petitioners has not been availed of by them" (para 8), i.e. the victims. This of course is likely due to intimidation and fear of further persecution.

Despite the CTA propaganda, it is clear from studying the judgment that there was no victory, but nor was there a defeat. The dismissal was mainly for two reasons. (1) The Justice did not see a territorial jurisdiction of the Delhi High Court pointing towards the law and order institutions of the States of Himachal Pradesh (the seat of the Tibetan leader) and Karnataka (the site of the large Tibetan settlements Mundgod and Bylakuppe). (2) He mentioned the lack of records in the local police files due to the absence of complaints by victims of the Dalai Lama's actions.

This ruling in fact lights the way for future court cases in the coming years to be tried in the appropriate state forums, especially as and when individual victims garner the courage to make official complaints to the local police and the records of those complaints pile up. As the persecution continues and monks are still expelled en masse from their monasteries, there is sadly no shortage of evidence to bring against the Dalai Lama and his CTA.

As the Dorje Shugden Society said on April 22:

"There is no question of win - lose here. The dismissal of the case is disappointing. On the other hand, this experience has given us a second chance to approach it in a better and more efficient way. Moreover, it also implies that collaboration and fraternity are priorities. Also, our lawyer said that the Society can file a Suit and individuals who are affected can file individual Petitions. The society tried its best according to its ability. Of course the society is poorly funded. But this is not end of our struggle for religious freedom, human dignity and equality, since our cause is just. And it goes without saying that those who walk on the path of truth often face challenges. Despite hindrances we ought to make effort that no one live through the deprivation of their basic rights, and pledge to promote love, compassion and tolerance in lieu of merely preaching them."

10 comments:

Bill Esterhaus said...

This is a similar situation to that of a few years ago when anti-Shugden people claimed that Amnesty International had rejected claims of human rights abuse against Shugden practitioners when in fact all they said was that such claims of abuse were not within their jurisdiction. The CTA loves to twist such statements to vindicate themselves and to deny the manifest truth.

Thom said...

I hope we have learned to ask nor give any quarter in a Court Of Law.
There is only One Way to Win in the Courts of New Delhi and that is to hit them with everything we have. As you say, Each one of us must take the Stand and Bear Witness Against the Dalia and his sidekick, Sam_Dung.
I see Legions of Saffron Robes Filling the Court Room to Bring Down the Tyrant.
United We Stand and Divided We Fall!
I know we will Win and Defend Our Bill OF Rights! Our Freedoms! Our Liberty! Our Integrity! We Each Must Stand With One Another. An attack on one is an attack on all of us!
""There is no question of win - lose here. The dismissal of the case is disappointing. On the other hand, this experience has given us a second chance to approach it in a better and more efficient way. Moreover, it also implies that collaboration and fraternity are priorities. Also, our lawyer said that the Society can file a Suit and individuals who are affected can file individual Petitions. The society tried its best according to its ability. Of course the society is poorly funded. But this is not end of our struggle for religious freedom, human dignity and equality, since our cause is just. And it goes without saying that those who walk on the path of truth often face challenges. Despite hindrances we ought to make effort that no one live through the deprivation of their basic rights, and pledge to promote love, compassion and tolerance in lieu of merely preaching them."

Thom said...

A Pair of Ravens live High Up in the Tall Spruce Outside My Upstairs Window.
Three Hatchilings make the Small Raven Sounds
All Morning until the Evening Dusk
Papi Raven and I talk back and forth
On and Off All Day
He Sometimes Unexpectedly Swoops Down
Tiltling His Wing Tip
He Touches My Hair
He Uses Soft Sounds and Unspoken Words
He Call Me By My Name In Raven
Sounds Like a Gurggling Water Fountain
Ravens See Into The Mist
Ravens Are Sleek and Black
Ravens are Strong!
The Raven Is In the Moment
It is Good to Have a Friend!

Thom said...

The Apple Tree is like the Lama Choepa
Spring Brings Forth White Blossoms
Revealing a Red Button Bloosom
Red Blossoms Float to Full White Petals
Honey Bees Gather All Day Kissing the Flowers
Delicious Promises Wait Until Fall
As Our Lamas and Friends
Kiss and Pull Our Heart Strings
Until,
We Are As Flowers,
Bringing Forth the Fruit of the Dharma

Thom said...

As the great Buddhist Master Shantideva says in his masterpiece Guide to the Bodhisattva’s Way of Life:

If we harm a child,
There is no way to please its mother.
In the same way, if we harm any living being,
There is no way to please the compassionate Buddhas. (Chapter 6, verse 123)

In this light, the Dalai Lama’s actions are not only non-Buddhist, they are not worthy of anyone who claims to be a spiritual practitioner of any religious tradition. All religions teach love, compassion and tolerance. This is what the Dalai Lama teaches with his mouth when he flies all over the world, receiving the respect and adulation of others – but what he teaches with his example is division and sectarian hatred. How shameful! As the Western Shugden Society says, he is cheating other people’s faith.

It’s time the Tibetan people woke up and saw the deceiver in their midst who hypocritically preaches love and compassion whilst doing exactly the opposite.

Thom said...

One Day All the Lamas, Monks and so-called Buddhist Centers that now support the Dalia Lama and his attempt to Destroy the BuddhaDhama will Be Held Accountable.
If I were you, I would Wise Up!
Hear me Thurman, Gere, Smadung and all you Grubby Royalty Loving Traitors?

Soon these Moochers will shown for what they are. Maggots!

He is Afraid, Fearful to Actually Engage In A Converstaion.
He thinks he is the last word.
Well, his not and I and Others will Make Him Sing Like A Canary!
Enough of his Entitlements.
This garbage can bang all he wants.
We know him for the Garbage He truly emmantes
He is a Trash Talking Garbage Can Full Of His Own Shittiness

Thom said...

The Bill Of Rights Is Our Unifying Factor
All else hinges on Our Freedoms
It does not matter if it is a cult or so-called religion
It is Our Rights That We Fight For
Everyone has the Right to Believe as they Wish
This Lama is a Cuckoo alright
He is an insane tyrant

Darth Vader visits Bloomington!
http://www.tmbcc.net/info/visit/hhdl_visit.html

Jabba the Hut is more like it!

Thom said...

Raven Hatchlings Hop From Branch to Tree
Gripping with Talons
They Squawk and Squeeze
Papi circles the Tall Trees
Until They are Safe Again in the Nest
A Storm Approaches
The Sky is Inky Black
With Hope of Pacific Rain Showers
The Hatchlings as We Are Secure In Their Nest
Until Tomorrow or the Next Day
They Will Take Flight
As We Will Fight
To Preserve the Pure Pristine Teachings of Lord Je T' Song Khapa
The Lineage That Comes Directly From Lord Buddha
I Know That Ravens Are Strong. Courageous, Intelligent, Sensitive,Curious Beings
Always Dressed In Their Best
As All Of You Don the Protection of the Supreme Dharam Protector,
Shri Dorje Shugden!
His Devoted Are Protected With Great Bliss
There Is Nothing to Fear

Thom said...

China's Allies include the United States of America,England,France,Germa ny,
Austria,Switzerland,Japan and on and on. So why does this made up group of disenfrachised old slaver in Dharmasala think they are calling Shugden People Communist and soforth.
Is ignorance personified.
This Bag of Rag incites violence and division everywhere he travels. He is a Coward and will not face me or my Comrades in arms face to face. This make him a hypocrite and a liar. This Dalia has no more courage than a field mouse. He has been coddled and pampered so long, I doubt he can change his underwear by himself.
This Hypocrite insults my Country with his lies and he challenges me personally by incitng hatred against my Brothers and Sisters who suffer due to his callousness and hatred he spread throughout his domain.
This Lama Is Fearful of Me and My Comrades. Because we are determined to see him fall into the bucket of excrement, he himself created.
I CHALLENGE THIS MAN TO ACTUALLY FACE TO FACE AND SETTLE THIS ISSUE ONCE AND FOR ALL.
I SAY, HE IS A COWARD AND FEARFUL OF LORD SHUGDEN AND HIS WRATH.
He Fears being exposed for what he is and what he has wrought upon others.Especially, his own blood. The Tibetans!

I once had a man named Tagster,
Beg me for Land
Without Land, we are nothing,
he lamented.
So, I gave him a 115 acres to Preserve his Culture in 1978.
Later, his brother a Beggar from Lhasa came and turned out to be a Charlatan. He takes and leaves nothing behind. His name is Blackness and he intends to do harm.
I regret giving to these Beggars from Tagster even the time of day. I should have seen this hustle coming long before I did.
Better late than never.
Now, we must put this to rest.
He has gone to far and as a rabid animal is a danger to the naive.
They are nothing but former Slave Owners and Serfs and deceive their own people upto this day.
He came from nothing and we lifted him up.
All he gives in return is grief and lies and Black Magicv

Anonymous said...

A useful comment taken from the Dorje Shugden Forum:

http://www.dorjeshugden.com/forum/index.php?topic=714.15

Friends, I did a small analysis of the National Court´s decision refusing to accept jurisdiction in the case presented to them by the Dorje Shugden Charitable Society. The black letters are from the Court´s decision.

1) Two important statements against the Dalai Lama:
Indian government does not recognize the so-called Tibetan government in exile. It is further stated that worshippers of Dorje Shugden have a right to freedom of religion as enshrined under Article 25 of the Constitution.

2) A reason of location for denying jurisdiction:
The government of India pointed out that this court has no territorial jurisdiction over a dispute. As they are located in Dharamshala, the state government is to investigate the allegations against the Dalai Lama and Tibetan government in exile.

3) Two reasons against the actions of the Society and the other complainers: they didn´t do what they should´ve done in terms of following the normal hierarchy of authorities, the Police coming first:

-there is no mention of any complaint having been made to the police by Petitioners regarding such attacks, which have not been acted upon by the police authorities.

-Apart from this averment being vague, it appears that no formal complaint was lodged by the members of Petitioner No.1 Society in relation to such instance with the police in Karnataka. There is no question of any interference on the basis of such vague averments particularly when the criminal law remedy available to the Petitioners has not been availed of by them.

4) A reason of pure jusridiction that the lawyers didn´t take into account: the Court does not look into matters of religion. (Obviously, they do in matters of civil rights, but the lawyers didn´t take this path apparently).
Matters of religion and the differences among groups concerning propitiation of religion, cannot be adjudicated upon by a High Court in exercise of its writ jurisdiction.

5) A warning to the Dalai Lama and the so called Tibetan Government in Exile:
It is however clarified that the dismissal of this petition will not preclude any individual member or members of the Petitioner No.1 Society to seek appropriate remedies as may be available to them in law before the appropriate forum.