Goodbye @SandeepSeminars

Prakhar ke Pravachan
17 Jul 202247:50

Summary

TLDRIn this video script, the speaker addresses allegations of disrespecting the Indian flag during a graduation ceremony at Columbia University. The speaker passionately defends their actions as a display of patriotism and challenges the legal validity of the charges, citing case laws and arguing that the accusations are baseless and driven by personal vendetta rather than national concern. The script also touches on issues of public sentiment, the misuse of legal language for personal gain, and the importance of upholding truth and justice in the face of manipulation and propaganda.

Takeaways

  • 📜 The speaker addresses Sandeep Maheshwari and his legal team, urging them to watch the video to the end, implying there is a serious matter to discuss.
  • 🔍 The speaker criticizes Sandeep for using phrases like 'let the battle begin' and accuses him of bullying and suppression, suggesting a legal conflict.
  • 🏛 The speaker mentions appearing in court in self-defense, highlighting the lack of a specific court named and the misuse of the term 'Honorable High Court of India', indicating a misunderstanding of legal terms.
  • 🎓 The speaker emphasizes their pride in their educational achievements, particularly at Columbia University, to establish credibility and counter any accusations.
  • 🏁 The speaker defends the act of wearing the Indian flag at a graduation ceremony, arguing it as a display of national pride rather than disrespect.
  • 📚 The speaker references legal cases and principles, such as the Flag Code of India not being a law and the high threshold for proving intent to disrespect the national flag.
  • 🍾 The speaker argues that any alcohol consumption was ceremonial and not intended to disrespect the flag, distinguishing between drinking for pleasure and ceremonial sipping.
  • 🤔 The speaker poses several rhetorical questions to the court, challenging the notion that their actions were disrespectful and emphasizing the importance of intent in such cases.
  • 📖 The speaker accuses the petitioner of spreading misinformation and using the issue of the national flag as a cover to silence them and remove a video critical of the petitioner.
  • 💬 The speaker requests the court to dismiss the charges of defamation, arguing that there is no specific instance of defamation mentioned by the petitioner and that their criticism was justifiable.
  • 🏆 The speaker concludes by framing the conflict as a battle between individual ego and freedom of expression, not a matter of national importance.

Q & A

  • Who is the speaker in the video script, and what is the main issue they are addressing?

    -The speaker in the video script is 'Foreign', who is addressing legal issues related to accusations of disrespecting the Indian national flag and defamation charges brought against him by Sandeep Maheshwari.

  • What is the context of the 'battle begins' statement mentioned in the script?

    -The 'battle begins' statement is a part of a message where the speaker is being metaphorically confrontational, possibly indicating the start of a legal or public dispute.

  • What is the significance of the speaker mentioning 'The Honorable High Court of India' and its non-existence?

    -The speaker is pointing out a factual error in the petitioner's notice, highlighting that there is no such entity as 'The Honorable High Court of India', to emphasize the petitioner's lack of legal accuracy and credibility.

  • What are the two main charges brought against the speaker by the petitioner?

    -The two main charges are: 1) Violation of the Flag Code of India under Section 3 subsection 22, and 2) Application of the Prevention of Insult to National Honor Act, referred to as 'PINA'.

  • Why does the speaker argue that the Flag Code of India is not a law?

    -The speaker cites a Supreme Court judgment (Naveen Jindal versus Union of India) stating that the Flag Code of India is not a statute as defined under Article 13 3A of the Constitution of India, hence it is not legally enforceable.

  • What is the speaker's defense regarding the Prevention of Insult to National Honor Act (PINA)?

    -The speaker argues that PINA applies only to India, and since he was in the United States at the time of the alleged offense, the act does not apply to his case.

  • What is the speaker's educational background as mentioned in the script?

    -The speaker was a student at Columbia University in New York, which is an Ivy League university and is highly respected globally.

  • How does the speaker describe the context of wearing the Indian flag during his graduation ceremony at Columbia University?

    -The speaker describes it as an act of pride and representation of his motherland, done in a respectful manner and as part of a grand graduation ritual.

  • What is the speaker's stance on the accusation of drinking alcohol while wearing the flag?

    -The speaker refutes the accusation, explaining that the act was ceremonial and celebratory, not an act of disrespect, and that the intention behind his actions was patriotic.

  • How does the speaker address the issue of public sentiment and the role of the court in his case?

    -The speaker emphasizes that the court should be focused on justice and truth, rather than being swayed by public sentiment or manipulated by false narratives.

  • What is the speaker's final request to the court regarding the defamation charges?

    -The speaker requests the court to recognize the defamation charges as a tool for personal vengeance and to dismiss them, as he believes they are baseless and part of an attempt to silence him.

Outlines

00:00

📚 Addressing Legal Allegations

The speaker addresses allegations made by Sandeep Maheshwari and his legal team, urging them to watch the video to the end. They liken themselves to an elder figure and criticize the use of the phrase 'let the battle begin' as a threat. The speaker then invites media attention to the case, which they view as an example of public bullying and suppression. They express readiness to defend themselves in court, despite the lack of clarity on the jurisdiction, and promise to expose the petitioner's case as baseless and an attempt to manipulate public sentiment.

05:02

🏛 Defense Against Flag Code Violation

The speaker refutes the charge of violating the Flag Code of India, citing a Supreme Court judgment that the flag code is not a law but merely instructions. They argue that the charge is non-existent and point out the petitioner's lack of knowledge about the law. The speaker also addresses a second charge related to the Prevention of Insults to National Honor Act, noting that the law applies only within India, thus lacking jurisdiction over their actions taken abroad. They conclude by stating their intention to set the record straight and defend their honor in court.

10:28

🎓 Display of National Pride at Graduation

The speaker describes their graduation from Columbia University, an Ivy League institution, and the pride they feel for their Indian heritage. They recount wearing the Indian flag at their graduation ceremony as a symbol of pride and respect for their motherland. The speaker refutes accusations of disrespect by explaining the Western tradition of university graduations and the acceptance of diverse cultural representations at such events. They emphasize their patriotic intent and the recognition of their achievement by dignitaries, including Hillary Clinton.

15:29

🍾 The Misinterpretation of Alcohol Consumption

The speaker defends themselves against accusations of disrespecting the Indian flag by consuming alcohol while wearing it. They clarify that the act was a ceremonial sip, not consumption for pleasure, and is a common practice in celebratory rituals worldwide. The speaker criticizes the petitioner's lack of understanding and argues that the intention behind their actions was patriotic and respectful. They call for the dismissal of charges based on invalidity, lack of jurisdiction, and reliance on previous case laws.

20:29

📜 The Importance of Intent in Flag Disrespect Cases

The speaker discusses legal precedents that emphasize the importance of intent in cases of alleged disrespect towards the national flag. They cite case laws that require a high threshold for proving malicious intent and argue that the lack of such proof should lead to the dismissal of the case. The speaker contends that the courts prioritize intention and are sensitive to the misuse of law in such cases. They request the dismissal of charges due to the non-existence of legal grounds and the petitioner's failure to prove malicious intent.

25:30

🥂 The Misunderstanding Surrounding Alcohol

The speaker addresses the petitioner's claims of disrespect due to the consumption of alcohol, asserting that the act was ceremonial and not intended to insult the national flag. They distinguish between drinking for pleasure and ceremonial sipping, likening it to religious practices that involve alcohol. The speaker criticizes the petitioner's intelligence and understanding of context, arguing that their actions were misinterpreted and that the harmless consumption of alcohol should not be judged, especially in the absence of legal violations.

30:30

👥 The Influence of Public Sentiment on Legal Cases

The speaker discusses the role of public sentiment in legal cases and the danger of courts becoming slaves to it. They argue that courts must apply common sense and apparent interpretation to avoid being manipulated by propagandists and fake news. The speaker contends that it is the duty of all citizens to uphold the truth and that feelings should not supersede facts. They encourage the court to see their actions as an act of patriotism and to consider the context in which they displayed the national flag.

35:31

🗣️ The Allegation of Defamation

The speaker refutes the charge of defamation, pointing out the petitioner's failure to specify any defamatory statements. They argue that the petitioner's actions are driven by personal vengeance and a desire to silence them, rather than genuine concern for national dignity. The speaker challenges the petitioner's motives, suggesting that their accusations of communal tensions and disrespect are unfounded and an exaggerated attempt to manipulate public sentiment.

40:31

🤬 The Pattern of Exaggerated Accusations

The speaker highlights a pattern of exaggerated claims made by the petitioner, including accusations of disturbing national peace and creating communal tensions. They argue that these claims are baseless and question the petitioner's credibility, given their large audience size. The speaker also discusses the petitioner's tactics, such as using national issues to gain public support and their attempts to manipulate the speaker into removing a video that challenges their bullying behavior.

45:47

📽️ The Manipulation of Video Evidence

The speaker accuses the petitioner of manipulating video evidence to support their claims. They recount the sequence of events leading to the uploading and removal of a video that allegedly shows disrespect towards the national flag. The speaker suggests that the petitioner's actions were part of a calculated strategy to pressure them into submission and that their ultimate goal was to silence the speaker and remove a video that stood up to their bullying.

📢 The Consequences of Public Influence

In the final paragraph, the speaker reflects on the petitioner's use of their large audience to spread misinformation and the potential legal consequences of such actions. They argue that the petitioner's attempts to manipulate public sentiment and silence dissent are dangerous and liken them to the tactics of propagandists. The speaker concludes by expressing their refusal to be a victim of the petitioner's bullying and manipulation.

Mindmap

Keywords

💡Legal Team

A legal team refers to a group of legal professionals who work together to provide legal advice, representation, and support in a case. In the video's context, the speaker mentions Sandeep's legal team, indicating that there is a formal legal process or dispute involved, and the team is expected to watch the video carefully, possibly for evidence or argument construction.

💡Flag Code of India

The Flag Code of India is a set of guidelines that describe the proper use, display, and respect for the national flag. The speaker in the video discusses this code in the context of being accused of violating it, highlighting the debate over whether the flag code is legally enforceable or simply a set of instructions.

💡Prevention of Insults to National Honour Act (PINHA)

The Prevention of Insults to National Honour Act is a law in India that deals with offenses related to the national flag and the national anthem. The speaker mentions this act in relation to the second charge against him, discussing its applicability and the need for a specific intent to insult the national honor.

💡Jurisdiction

Jurisdiction refers to the legal authority of a court or government to enact rules and adjudicate legal matters in a certain area. The video discusses the issue of jurisdiction in relation to the PINHA, questioning whether the act applies to the speaker's actions outside of India.

💡Intention

Intention in legal terms refers to the mental state or purpose behind an action. The speaker emphasizes the importance of proving malicious intent in cases of alleged disrespect to the national flag, arguing that his actions were patriotic and not intended to insult.

💡Defamation

Defamation is a false statement that unjustly harms the reputation of an individual or entity. The speaker addresses accusations of defamation, claiming that the petitioner has not specified any defamatory content from his work and that the accusations are part of a personal vendetta.

💡National Flag

The national flag is a symbol of a country's identity and sovereignty. Throughout the video, the speaker defends his actions involving the Indian national flag, asserting that his intentions were to display pride and respect rather than disrespect.

💡Columbia University

Columbia University is an Ivy League institution located in New York City, known for its high academic standards and ranking among the top universities globally. The speaker mentions attending Columbia to establish his educational background and credibility, which is relevant to the context of the graduation ceremony where the flag was displayed.

💡Public Sentiment

Public sentiment refers to the general attitude or opinion of the public towards a particular issue. The video discusses the petitioner's attempt to influence public sentiment by linking the speaker's actions to national disrespect, which the speaker argues is a manipulation of public emotion.

💡Personal Vendetta

A personal vendetta is a grudge or a desire for revenge against someone, often stemming from a personal conflict. The speaker suggests that the accusations against him are driven by the petitioner's personal vendetta rather than genuine concern for national honor.

💡Constitution of India

The Constitution of India is the supreme law of India, laying out the framework for the country's government and fundamental rights of its citizens. The speaker refers to Article 19 of the Constitution, which deals with freedom of expression, to argue that his actions are protected under the law.

Highlights

The speaker addresses Sandeep and his legal team, urging them to watch the video carefully until the end.

The speaker compares himself to an elder brother or father, then mentions the phrase 'let the battle begin', suggesting a conflict.

The speaker criticizes the petitioner for using the phrase 'The Honorable High Court of India', which he claims does not exist.

The speaker argues that the case against him is a farce and is designed to manipulate public sentiment.

The speaker contends that he is not disrespecting the national flag but rather making his motherland proud.

The speaker challenges the validity of the first charge, stating that the Flag Code of India is not a law and thus cannot be violated.

The speaker points out that the Prevention of Insult to National Honor Act (PINHA) only applies to India, questioning the jurisdiction of the case.

The speaker highlights his educational achievements at Columbia University, a prestigious Ivy League institution.

The speaker describes the graduation ceremony at Columbia University and the diversity of national flags displayed, including the Indian flag.

The speaker argues that his actions were patriotic and respectful, not intended to insult the national flag.

The speaker references previous court cases that emphasize the importance of intent in cases of alleged disrespect to the national flag.

The speaker accuses the petitioner of using the national flag issue as a pretext to silence him and remove his video.

The speaker questions the petitioner's credibility and motives, suggesting personal vendetta over national concern.

The speaker challenges the petitioner to specify instances of defamation, arguing that his own statements were merely criticism and humor.

The speaker discusses the petitioner's tactics, including spreading misinformation and using public sentiment to his advantage.

The speaker concludes by inviting the petitioner to engage in a formal legal process in court, rather than manipulating public opinion.

Transcripts

play00:00

hi guys welcome back Sandeep and legal

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team also welcome

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videos

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or

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sorry

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please watch this video carefully Until

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the End especially sandeep's legal team

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you guys should definitely watch this

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till the very end yes

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pehli bath

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s is

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think about me like your elder brother

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or father and later in the same post you

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are saying let the battle begins

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you don't think this threat will land

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you in trouble in the court Sandeep

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maheshwari fir uses

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let the battle begin

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my heart is

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um

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foreign

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foreign

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if a newspaper a News Channel or a

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podcaster is interested in these details

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in this very bizarre and public form of

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bullying and suppression message

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anyway before we speak more about Mr

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maheshwari

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um

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foreign

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to be a little patients

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charges law of facts and then

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applications

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for fun

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my lords I appeared before the court in

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defense of myself

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which court I do not know

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because the petitioner in his notice

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says that they bring me in front of the

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honorable high court of India

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and any man that has ever read a book or

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a newspaper can tell you that there is

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no such thing as The Honorable high

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court of India perhaps my detractors

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would know if they're red and perhaps my

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detractors would read if they were not

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so obsessed with their own wisdom

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however I will give the petitioner the

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benefit of the doubt and argue

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regardless

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as The Honorable Court will see in

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arguing for myself I will give the

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petitioner many such benefits of Dubs at

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many points in the course of the

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argument where one can see that the

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petitioner's case is pointless null and

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void

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I will do so because I want to set the

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record straight for the petitioner and

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the public at large once and for all and

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show to the court

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that not only is this case a complete

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farce

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that there is no substance to this case

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but also that this case is carefully

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engineered to produce a specific public

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sentiment it is my contention my lots

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that I appear before you today not

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because I have done anything

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to disrespect the national flag

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or my motherland

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but exactly because I have made it proud

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too loudly

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I stand before the court not because I

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have offended my nation or my people

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but because I have offended the

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petitioner's idea of himself

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by being unafraid for my motherland and

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unafraid of him

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Let The Honorable Court make no mistake

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this is not a hearing to redress the

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Dignity of our nation this is a hearing

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to redress the petitioner's bloodthirst

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this is not the hurt of the people we

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are accounting for today this is the

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whims of an individual

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however I do not wish to make these

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claims before I have presented my

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defense because if I did there would be

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nothing left that separates me from my

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petitioner

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the petitioner seeks to accuse

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the petitioner seeks to accuse accused

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endlessly and accuse egregiously without

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defending and I refuse to accuse without

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defending first

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the record must be set straight and

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Truth must emerge and in the interest of

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that I will reach deeper and wider to

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quill any and all concerns that The

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Honorable Court the respected petitioner

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or the public at large might have even

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the ones the petitioner has been

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incompetent in producing

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with that my lords please give me

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permission to begin my submissions

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foreign

play06:55

the petitioner has produced two charges

play06:57

charge number one petitioner says I have

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violated the flag code of India under

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Section 3 subsection 22 relevant

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portions are attached

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my lords please note in the surviving

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evidence

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since the petitioner is really fond of

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erasing any Trails of embarrassment

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the petitioner has mentioned this Thrice

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and that this is the strongest most

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repeated charge that the petitioner has

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charge number two petitioner has also

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casually mentioned some application of

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the prevention of insult to National

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Honor act hereby referred as pinha or

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Pina

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my lords May note that this there is no

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surviving evidence where a section or a

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provision is mentioned only Lou's

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language has been borrowed from section

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2.

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okay I will respond to charge one now my

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Lord

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my lords I plead that the first petition

play07:45

is dispensable at sight

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in a landmark judgment on the issue of

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the flag codes penal validity

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it was held by the Supreme Court that

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the flag code of India is not a statute

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as defined under Article 13 3A of the

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Constitution of India

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this is Naveen Jindal versus Union of

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India relevant portions have been

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attached simply put one cannot violate

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the flag code of India because the flag

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code is not a law it is only

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instructions

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This Is Not Mere rhetoric to escape the

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charges my Lord like I said I will give

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my opponent the benefit of the doubt in

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several of these instances

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this is merely to remind my opponent to

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perhaps read a book

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or at least read up on the charges they

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seek to pursue

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cases

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foreign

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is that charge number one is so bad that

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it is not even null and void it is

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non-existent

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however

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the good news for my opponent is that

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the language of section 2 of Pina is

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similar to the language of flag code of

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India Section 3 subsection 22. and so in

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arguing for charge 2 I will also have to

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argue on the merits of charge one

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I hope my lords that this brings a

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genuine smile to my opponent's face

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even if for one last time before I

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destroy the rest of his case

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charge two my lords my Lord's let us

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assume the petitioner in fact did

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petition correctly under the prevention

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of insult to National Honor act 1971 and

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wants to hold me liable for violation of

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section two and more specifically

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explanation for D to section two

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the relevant portion is attached and

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highlighted

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also attached and highlighted is section

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one of the ACT where the scope and

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extent of the law is written and the law

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clearly states it applies only to India

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my lords we must seriously ask at this

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point has the petitioner not read up on

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the charges he seeks to pursue

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how can he charge me with a lot that

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doesn't apply to the place I'm in

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section one scope of the ACT Ki boss

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foreign

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then do I fall within section 2

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explanation 4D final legal question

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fact number one

play10:48

at the time of the petition in May 2022

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I was a student at Columbia University

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in the city of New York

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Fact Two Columbia University is a very

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respectable and coveted ivy league

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university and constantly features in

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the top 10 of the world University

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rankings

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this is an easily verifiable fact that

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can be Googled perhaps my opponents

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would know that if they did not think

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they knew more than Google

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it is humbly submitted that according to

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the Center for World university rankings

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my Lord Colombia is ranked number seven

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best university in the world

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as a measure of scale I am Ahmedabad is

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ranked 415 and IIT Madras is ranked 557.

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my lords let this fact highlight the

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prominence of the educational

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achievement of the defendant

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if cracking IIT and IM some of the best

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universities in India is difficult such

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that it is the dream of Millions

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one might say graduating from one of the

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best universities in the world is a

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golden achievement

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fact number three it is known that

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American universities do a grand

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graduation ritual very much in style

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with the Western tradition fact number

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four it is also known that many students

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represent their identities during these

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events because the uniform and the

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ritualistic aspect of these ceremonies

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are very Western and Christian in nature

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in fact on on the graduation gown is the

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crest of Colombia with a Christian cross

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however these universities are very

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accepting of people representing their

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own identities at these events people

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hold and where Flags change the crest to

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represent the Star of David or dress

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underneath the gown and traditional

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attire from their Nations

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at the graduation ceremony of 2022 the

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most common one flag was that of Ukraine

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ceremonies

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western or Christian

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University graduation Flags

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fact number five it should be noted that

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the university has no problem with it it

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is the University and the student's way

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of displaying pride in their identity in

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a setting that brings into its fold

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hundreds of different nationalities

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religions cultures and languages

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fact number six it should also be noted

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that these ceremonies were presided over

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by many dignitaries

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the list includes Hillary Clinton ex

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secretary of state of the United States

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of America Yo-Yo Ma Celeste par

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Excellence Patty Smith rock star from

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the 70s

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it is also suspected however unknown

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that amongst the guests were also Uday

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kotak and arvind panagaria two very

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prominent Indian figures

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fact number seven

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I vote the national flag around my

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shoulder briefly and twice over a two

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ceremony period to represent my

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motherland and all that it has taught me

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I contend with wearing that flag with

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pride that I am where I am because of

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India and all that this land and its

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people have taught me

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fact number eight

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in one of the videos from the event

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I am seen taking a sip from a bottle

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that the petitioner contests with no

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real proof is alcoholic I am seen

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possibly wearing the same flag

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the shot is one and a half second long

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and played twice in the edited video

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uploaded by the petitioner for dramatic

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effect

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s

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my lords I would like to begin by asking

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four questions that I have first

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question number one

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how many people in the world much less

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India get to attend a university like

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Columbia University at all

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question two how many people can claim

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that they displayed the Indian flag with

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pride in a foreign country on the day of

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a rare and profound accomplishment in

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their life in front of thousands of

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people of different nationalities

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question number three my Lord

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how many people can claim to have

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carried the Indian flag on display in

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front of dignitaries like Hillary

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Clinton

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number four in fact my lords the

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following is humbly submitted as a

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question

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how many Indians get to display the

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pride of the Indian national flag at all

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how many ever do it how many ever get an

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opportunity to do it

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my lords in questions K obvious answers

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say

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merry intention obvious

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even from a very plain watching of the

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Vlog the Vlog from which the footage is

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edited out by the petitioner and

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displayed as an insult to the national

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flag one can see that the intent behind

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wearing the flag is completely patriotic

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and respectful

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in fact the very song playing in the

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back of the Vlog from which the edited

play15:34

footage is gathered says I got loyalty

play15:37

in My DNA

play15:39

this is a conclusion that a

play15:40

four-year-old could come to my intention

play15:42

is clear and the court must keep it

play15:44

front and center as we move forward with

play15:46

this case

play16:07

I have loyalty in My DNA

play16:09

foreign

play16:24

versus Union of India 2012.

play16:28

the facts of the case are slightly

play16:30

different but the underlying charge and

play16:31

issue is similar and the Bombay high

play16:34

court in its order on the issue held

play16:36

that one of the essential ingredients of

play16:39

the said offense disrespect to national

play16:41

flag and such is that disrespect and

play16:44

contempt of the flag should be

play16:45

intentional

play16:46

relevant pairs are reproduced

play16:49

disrespected

play17:00

in the case of D senthil Kumar versus

play17:03

the state of Tamil Nadu where facts of

play17:06

the case light were slightly different

play17:07

but the underlying issue of Law and

play17:09

interpretation were the same Madras High

play17:11

Court held that

play17:12

what is deduced is that men's Raya which

play17:15

is the cause to insult show disrespect

play17:17

or to bring into contempt towards the

play17:19

national flag or the Constitution is

play17:20

seen at a high threshold

play17:23

foreign

play17:44

the order held similarly the relevant

play17:46

para is reproduced

play17:48

the order says from the perusal of the

play17:50

relevant provisions of this act so also

play17:53

the code and on careful scrutiny of

play17:55

materials on record

play17:56

it is clear that there is a dearth of

play17:59

materials to show an intention or men's

play18:02

Rhea to disrespect the national flag and

play18:04

thereby to undermine the sovereignty of

play18:06

the nation

play18:11

intentions

play18:19

all these case laws are covered and

play18:21

relied upon in decentral Kumar's case in

play18:23

Madras High Court the order is attached

play18:25

below

play18:26

three important principles emerge from

play18:28

these three important case laws that The

play18:29

Honorable Court have considered in the

play18:31

history of flag disrespect litigation

play18:37

whether an act is insulting depends on

play18:39

intention principle one intention

play18:43

principle two that the threshold for

play18:45

proving malified intention is high that

play18:48

is that the malified intent must either

play18:50

be very obvious and apparent or the onus

play18:54

is on the petitioner to prove if the

play18:56

intent behind any action was malified at

play18:58

all keep bury intention proof

play19:01

and principle number three that a dearth

play19:05

a Kami of being able to prove intent

play19:07

would lead to the case being dismissed

play19:09

on

play19:15

from a simple reading of these three

play19:17

case laws and the principles of

play19:19

interpretation laid down by the courts

play19:21

it would seem that the case is

play19:23

completely dismissible at this point

play19:25

the courts have given primary importance

play19:27

to men's Rhea in deciding whether an

play19:29

actual insult is delivered to the flag

play19:30

or the country

play19:32

not only that it would seem that the

play19:34

courts are very sensitive to the misuse

play19:36

of law in these cases

play19:37

besides the petitioner has done nothing

play19:40

to show that my intention is

play19:41

disrespectful and quite frankly they

play19:43

know that they know I did not have the

play19:45

flag on me for disrespect they don't

play19:47

wish to pursue these legal charges

play19:48

charges one or two seriously they seek

play19:51

to use this legal language to make a

play19:53

broader emotional case

play19:55

one can even say they seek to drape

play19:58

their private motivations in the flag

play20:00

keep petitioner Bhai

play20:02

bilkul fighting

play20:08

charge one or charge to use to build an

play20:12

emotional case just my audience

play20:25

so it is my request at this point that

play20:29

charge 1 and 2 be dismissed on the count

play20:31

of one invalidity of charge two lack of

play20:34

jurisdiction and three simply relying on

play20:36

previous case laws that have settled

play20:38

matters like this several times in very

play20:41

clear language

play20:42

there is no legal case here

play20:46

now my lords

play20:49

for unsuccessful like I had mentioned

play20:52

National dignity

play21:16

foreign

play21:27

charge 3 is an implied charge

play21:30

it is not explicitly mentioned as a

play21:32

separate charge but in effect the

play21:34

petitioner has used charge one and two

play21:35

to build pressure on charge three what

play21:38

is charge three charge three is the

play21:40

emotional case that the petitioner has

play21:42

made to the public and has two parts one

play21:44

that has supposedly drank alcohol while

play21:47

supposedly wearing the flag and two that

play21:49

it is somehow disrespected the Indian

play21:51

people

play21:59

so I remove my original video hello

play22:02

Sandeep maheshwari

play22:04

my lords keep this in mind as I handle

play22:07

charge 3.

play22:08

charge 3. firstly it is important to

play22:11

restate my lord said there is no law

play22:12

that covers charge three that there is

play22:14

nothing about food or alcohol in Pina or

play22:17

FCI however I will argue against these

play22:20

charges because these are the actual

play22:22

charges that the petitioner has levied

play22:23

on me charge one and charge 2 was just a

play22:25

ruse or an excuse to actually get public

play22:27

sentiment invested in charge three the

play22:30

petitioner wants people to feel enraged

play22:32

by the supposed alcohol Flack

play22:34

combination

play22:36

and thus I shall speak to the court and

play22:38

the people on charge 3.

play22:53

my Lord's the petitioner says that I'm

play22:54

insulting the flag by drinking alcohol

play22:56

while I wear it

play22:58

for the sake of charge 3 my lords let us

play23:00

assume that I did in fact hold a bottle

play23:02

of alcohol in my hand well first my

play23:04

lords let me make a very obvious and

play23:06

non-subtle distinction between drinking

play23:09

and taking a ceremonial sip

play23:13

alcohol of the nature of Champagnes Etc

play23:15

is consumed as a ritual of Celebration

play23:18

across the world including India but

play23:21

particularly in Western countries

play23:23

this ritual does not tant amount to

play23:25

drinking where drinking is drinking for

play23:27

personal pleasure this is participating

play23:30

in rituals just how the Jewish people

play23:32

take a sip of the wine in their Shabbat

play23:34

practice

play23:35

in neither cases is the alcohol consumed

play23:37

to get drunk or results in one getting

play23:39

drunk the alcohol is merely consumed as

play23:42

a beverage

play23:43

the defining feature of that beverage in

play23:46

these contexts is not their alcoholic

play23:48

content but the collective sentiment and

play23:50

history of the people

play23:52

the fact that this has to be made clear

play23:55

to the petitioner is in itself a

play23:57

statement on the petitioner's general

play23:58

level of intelligence

play24:01

it seems that my seven-year-old nephew

play24:03

who understood the context of this

play24:05

situation is smarter than the petitioner

play24:09

perhaps he too should run a motivational

play24:11

Channel

play24:13

foreign foreign

play24:59

okay in some examples May primary

play25:02

importance

play25:06

of

play25:07

Celebration is

play25:16

so first it must be noted that I did not

play25:19

drink to get drunk

play25:21

much less insult the national flag that

play25:23

is not my intention however what is

play25:25

obnoxious about this whole situation is

play25:28

that in this petition I have to defend

play25:30

my intention twice over two issues why I

play25:33

drank and what was my intention behind

play25:35

wearing the flag while the petitioner

play25:37

has given no statement of Defense on

play25:39

their intention not even once my lords

play25:42

and this is besides the fact that the

play25:44

original video from which the contested

play25:46

footage is edited shows my intention

play25:48

behind both those things

play25:55

lastly my lords I have only one thing to

play25:57

say about the general nature of alcohol

play25:59

we know has been the cause of many a

play26:02

problems in our Civic structure No Doubt

play26:05

however if we were to consider the

play26:07

extreme bad use case of alcohol we must

play26:09

also consider the neutral use case if

play26:11

not the extremely good use case of

play26:13

alcohol in defining what alcohol

play26:15

represents

play26:17

people of India and the world drink all

play26:19

the time peacefully for recreation

play26:21

that type of consumption must not be

play26:23

villainized not at least in a court of

play26:25

law

play26:26

it is the fundamental right of people to

play26:28

consume alcohol and more importantly it

play26:31

is a personal preference that should

play26:32

attract no moral scrutiny from another

play26:34

person

play26:36

especially one that is not directly

play26:38

affected and especially in the case

play26:40

where there has been no violation of Law

play26:42

and no Jeopardy to another citizen

play26:46

the harmless consumption of alcohol must

play26:48

not be judged by another man especially

play26:51

a man who himself has solid

play26:53

introspection to do about his moral

play26:55

Behavior

play26:56

it is argued my lords that if a man

play26:59

tries to stigmatize benign and minimum

play27:01

alcohol consumption of this ritualistic

play27:03

and celebratory nature then they are

play27:06

trying to close the mind of the people

play27:07

instead of open them further

play27:10

admi is typically celebratory alcohol

play27:13

consumption

play27:15

villain is

play27:21

this is important because the petitioner

play27:23

claims that the motivation behind that

play27:24

public Persona is the latter to open the

play27:27

mind of the people

play27:28

while clearly for personal Vengeance

play27:30

they will use all samdham and to their

play27:32

advantage for personal Vengeance my

play27:34

lords the petitioner will stand by no

play27:36

principle they have voiced otherwise it

play27:38

is all my way or the highway

play27:40

and that begs the question my lords is

play27:43

the petitioner fit enough anymore to

play27:45

yield The credibility that they have

play27:47

acquired over a decade

play27:49

on social media is this not dangerous

play27:52

behavior my lords a man that has an

play27:55

audience greater than the size of many

play27:57

countries

play27:58

should he be allowed to use those powers

play28:00

like a dictator foreign

play28:29

foreign

play28:43

anyway my lords let me come to the final

play28:46

question that can be raised out of this

play28:47

issue the question of public sentiment

play28:50

if any minor segment of the population

play28:52

still feels offended without direct

play28:54

influence from the petitioner

play28:56

without direct influence from um

play29:00

my lords and I have this to say my lords

play29:03

the courts exist in the interest of

play29:06

Justice

play29:07

and like is known and seen Lady Justice

play29:09

is blind and unprejudiced

play29:12

the courts must stand unprejudiced to

play29:15

the accused and unprejudiced to the

play29:17

public sentiment this is not to say that

play29:19

public sentiment does not matter but in

play29:21

the day and age of modern communication

play29:23

technology when things can be made to

play29:25

look like something else all the time

play29:26

the court must apply the litmus test of

play29:29

Common Sense and apparent interpretation

play29:31

otherwise

play29:33

the courts will be a slave to public

play29:35

sentiment and in turn a slave to all

play29:37

fake news type propagandists in the

play29:39

world not only that my lords it is

play29:41

contended that it is not the job of any

play29:44

constitutional body to infantilize its

play29:46

masses

play29:47

feed their manufactured whims the courts

play29:50

cannot treat the citizens of the country

play29:51

as children because then the courts will

play29:54

forever be forced to follow the whims of

play29:56

these children

play29:57

the purpose of the courts my Lord is

play29:58

justice forgive me for repeating that

play30:01

but I must do so in case the

play30:03

stakeholders in my very public trial

play30:05

forget that what is important is the

play30:07

truth

play30:09

that facts take precedence over feelings

play30:12

and it is in fact the duty of the Court

play30:14

the duty of all noble men and women of

play30:16

the audience and the duty of every

play30:18

rightful citizen to uphold that virtue

play30:21

it is only in fear that we Bend away

play30:24

from the truth

play30:25

and we cannot afford to be afraid

play30:30

my lords

play30:32

I encourage the honorable Court to see

play30:34

my display of the flag as an act of

play30:36

unconditional patriotism

play30:38

if not my question to the court and the

play30:40

petitioner is how else is one allowed to

play30:43

be proud of their identity in foreign

play30:46

lands

play30:47

in a foreign competitive environment in

play30:50

a foreign competitive environment of

play30:52

such prominence in a silent and symbolic

play30:55

fashion

play30:57

flags are after all meant to be the

play30:59

symbol of national pride as mentioned in

play31:02

the piinha

play31:03

if this is not the display of national

play31:05

pride my Lord what is

play31:08

and this display of national pride is

play31:10

preserved for me under Article 19 of the

play31:12

Constitution of India Charge 4 My Lord

play31:15

defamation

play31:16

now we have arrived at the most real

play31:18

part of this entire situation my Lord

play31:21

the charges of defamation should tell

play31:22

the court and the public that all this

play31:24

disrespecting national flag drama comes

play31:26

only for the sake of bringing people on

play31:29

their side so they can remedy the injury

play31:31

to their self-concept

play31:34

the petitioner wants only one thing from

play31:36

the whole flag situation to silence me

play31:38

and get my video removed and the charge

play31:41

of defamation is only a tool to do the

play31:43

same

play31:45

I contend that this is not an issue of

play31:48

national importance at all my Lord's not

play31:50

how carefully the petitioner is attached

play31:52

his concerns of injury to self-concept

play31:54

with the concerns of the nation

play31:57

which I have rightfully proven are void

play31:59

and malicious if not void and

play32:01

incompetent

play32:04

in fact my lords my appeal to the court

play32:06

is to see the petition for what it truly

play32:09

is

play32:11

a personal Vengeance mask behind a

play32:13

non-issue that has been extrapolated to

play32:16

National concern

play32:18

my opponent seems to think what hurts

play32:20

him can be dressed in another way to say

play32:21

it hurt the people it seems that either

play32:24

my opponent thinks too highly of their

play32:25

own sentiment or to little of the

play32:27

sentiment of the people to make that

play32:29

equivalence

play32:31

it is laughable what the petitioner

play32:33

seems to manufacture

play32:35

however I must begin by responding to

play32:38

the charges itself

play32:44

foreign

play33:14

foreign

play33:24

foreign first of all my lords over the

play33:27

many messages posts and videos that the

play33:29

petitioner has sent written and uploaded

play33:31

he has never mentioned what

play33:33

is it that I have said that is

play33:35

defamatory

play33:37

my Lord's of a person was to send a

play33:38

notice and say one has committed a crime

play33:40

and not say which crime or where exactly

play33:42

will one take it seriously the

play33:44

petitioner has tried to sound so

play33:46

professional in their public language

play33:48

but I failed to mention even once what

play33:50

part of my creative work they find so

play33:52

offensive to their own self

play33:55

why has the petitioner not mentioned

play33:57

even one instance of said defamation

play33:59

pointedly

play34:00

simply because there is none

play34:04

simply because there is none

play34:07

however my lords the petitioner has

play34:09

continued to say everywhere in at least

play34:11

four occasions how I have used gullies

play34:13

or been derogatory and defamatory

play34:17

is the petitioner seriously interested

play34:19

in accusing me of defamation or do they

play34:21

only want to create a public sentiment

play34:23

of this nature

play34:24

notice my lords again how his concerns

play34:27

of defamation are carefully stitched

play34:29

with the concerns of the national flag

play34:30

and followed up with let us take a stand

play34:32

for our nation's dignity

play34:35

bar video post message

play34:48

batao Naina opportunities

play35:19

secondly my lords

play35:21

this man who refuses to point out one

play35:24

instance of defamation is the same man

play35:26

who has accused me of creating communal

play35:28

tensions that could lead to riots his

play35:30

words

play35:31

not mine

play35:33

and National disrespect over the last

play35:35

two months

play35:36

notice the pattern of exaggerated claims

play35:38

my Lord I am a 26 year old student

play35:40

sitting in the United States and I have

play35:42

somehow Disturbed National peace twice

play35:45

in two months from from the United

play35:47

States while I also finished my

play35:49

education and built my career

play35:51

does nothing sound wrong to you with

play35:53

this if this is not slander and

play35:56

defamation

play35:57

how is me calling his content mediocre

play35:59

or making a meme on him definitely

play36:02

I feel like the court has to look into

play36:04

bigger things before they begin to

play36:05

decide if calling someone mediocre is

play36:07

defamatory and the petitioner needs to

play36:09

introspect something that they are

play36:11

famous for teaching the word me your

play36:13

defamation is

play36:31

foreign

play37:03

thirdly my lords note the malice in my

play37:06

accuser's actions

play37:08

notice on 24th May one day after I put

play37:11

out my video responding to his first

play37:12

bout of bullying he tweeted for the

play37:14

first time in several years what was the

play37:16

Tweet you know why he rose from the dead

play37:18

on Twitter to post this because issues

play37:21

of nationalism are more likely to catch

play37:23

fire on Twitter and the petitioner knows

play37:25

that

play37:26

not only that why has the petitioner

play37:28

continued to use the issue of national

play37:30

flag as illegal backing to turn the

play37:31

public against me when they know there

play37:33

is no case

play37:36

given that not knowing the law or in

play37:39

this case not knowing what is not law

play37:41

is no excuse especially for the

play37:43

petitioner it would seem that the

play37:45

petitioner is merely trying to waste the

play37:47

time of the Court

play37:48

or

play37:50

perhaps a better question to ask is why

play37:53

has the petitioner not read up on the

play37:55

charges they seek to pursue

play37:58

why has the petitioner not read up on

play38:00

the charges they seek to pursue in front

play38:02

of the court or in public in front of

play38:04

Two and a Half crore people

play38:07

did they even know that flag code of

play38:09

India is not a law and thus I cannot be

play38:11

legally charged under the flag code of

play38:13

India or that pinha doesn't apply

play38:15

outside India if they did not one must

play38:18

question the desperation behind the

play38:20

motivation to legally charge me with

play38:22

whatever googlable words they could come

play38:24

up with in the first five seconds

play38:25

something that is not even a law

play38:28

if they did then my lords one must ask

play38:31

if they assume that the audience is too

play38:33

stupid to find out that they are

play38:35

outright lying

play38:37

if not just reducing themselves to a

play38:39

complete embarrassment

play38:41

or perhaps my lot something worse as a

play38:44

foot

play38:44

perhaps my opponent doesn't even care if

play38:47

some people find out as long as the

play38:49

scrollers and the Casual consumers

play38:51

believe what my petitioner has said on

play38:54

the face of it

play38:55

this is the very modus operandi of fake

play38:59

news and propagandists my Lord

play39:01

from the book of gobbles himself my

play39:04

lords is this man even fit to yield the

play39:07

audience size that he does anymore a

play39:10

proper propagandist a liar and a

play39:12

manipulator with 23 million people

play39:15

watching him

play39:16

that is dangerous

play39:18

fourthly my lords it is important to

play39:20

point out the circumstance in which the

play39:23

petitioner uploaded the edited video of

play39:24

me with the flag and removed it and then

play39:26

uploaded it again

play39:28

the petitioner uploaded the edited flag

play39:30

video for the first time on 5th July on

play39:32

his second Channel Sandeep maheshwari

play39:33

spirituality with a post on his main

play39:35

Channel Sandeep maheshwari to build

play39:37

pressure on me to remove my video hello

play39:39

Sandeep maheshwari this case is a lot of

play39:41

Sandeep maheshwari my lords I refuse to

play39:44

bow

play39:45

so the next day the petitioner sent me a

play39:47

private apology and said they will

play39:49

delete their video and their post a

play39:51

change of heart one might say but not

play39:53

quite this was a trick my Lord as soon

play39:55

as they sent me this private apology

play39:56

over text with a promise to delete their

play39:58

videos they quickly sent me an email

play40:00

saying now I have deleted my videos as

play40:01

per our conversation you delete your

play40:03

videos

play40:04

my lords note that this email was sent

play40:06

to make something official that did not

play40:08

even exist

play40:09

they manufactured an agreement under the

play40:12

excuse of an apology and quickly tried

play40:14

to make it official using emails

play40:17

I responded with this

play40:19

and refused to comply with any of the

play40:21

petitioners trickery

play40:23

this got the petitioner angry and this

play40:25

made him upload the video again this

play40:27

time on their main channel to two and a

play40:28

half crore people to raise the stakes on

play40:30

the pressure they put on me tomorrow

play40:41

fifthly my lords please notice the size

play40:43

of our audiences

play40:45

the petitioner put up posts and videos

play40:48

for 23 million people which my Lord must

play40:51

note is equal to the total number of

play40:52

Indians on a platform like Twitter which

play40:55

itself is a very serious concern to the

play40:57

courts

play40:57

saying that it was not that he felt

play41:00

insulted about himself but that he was

play41:02

in fact insulted for the nation

play41:04

23 million people is a lot of people my

play41:06

lords if the courts concern themselves

play41:09

with a fraction of this number when it

play41:10

comes to issues of fake news censorship

play41:12

and such on Twitter and hold Twitter and

play41:14

Facebook legally responsible for fake

play41:16

news then the honorable Court must hold

play41:19

the petitioner responsible for spreading

play41:20

misinformation if that is indeed what

play41:23

the courts conclude foreign

play41:52

people for over two months that I want

play41:55

them to somehow be offended and fight

play41:57

try to manufacture a Twitter Trend to

play41:59

silence me use fake legal charges to

play42:01

create a specific public sentiment try

play42:03

cheap childish trickery and when they

play42:05

failed try to build humongous public

play42:07

pressure on me out of spite and this man

play42:09

wishes to sue me for defamation

play42:12

I asked the court to point out one

play42:13

instance where anything I said about my

play42:16

opponent was defamatory or nearly as bad

play42:18

as insulting the nation's dignity or

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causing communal tensions

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what I said was mere criticism and humor

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a response that only the ego cannot

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Digest

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lastly my lords

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why would the petitioner go to such lens

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to do this

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there is only one simple answer for me

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to remove my video where I stand up to

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his bullying

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the man cannot tolerate that someone is

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unafraid of him and that someone is

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right in that disagreement with him

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the man wants absolute control and will

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go to any extent to manage that and I

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refuse to be his victim any longer

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like I said in the beginning this is not

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a case for the nation's Pride but a case

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for the individual's ego

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so with that my lords I ask shall we

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appear in the courts and do this

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properly

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Sandeep maheshwari subscribe

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my name is

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foreign

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foreign

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foreign

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foreign

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foreign

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the only leverage I get against this man

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because he will go to whatever extent

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whenever he wants is speaking to you

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guys

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logic rational rationality dimag

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um reason

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public reputation but hopefully we will

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not do this anymore hopefully this is

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the last of it hopefully you learned

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something new from this

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um

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but beyond that dude what a ride

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we'll be back next week with more

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content and then from there Guardians

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الوسوم ذات الصلة
Legal DisputeNational FlagPublic SentimentDefamationPatriotismSocial MediaBullyingCultural IdentityEducational PrideFreedom of Speech
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