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Anand Jon, Top Indian lawyer in CA to study case
Wednesday, 02.27.2008, 12:14am (GMT-7)

India Post News Service

LOS ANGELES: Majeed Memon is currently in Los Angeles, CA to take a closer look at the case of Anand Jon Alexander. His goal is to report back to the government of India the circumstances surrounding the incarceration of a man that has been honoured by the Indian consulate as "the pride of India". Anand Jon has been incarcerated now for eight and a half months based on allegations, says Memon.

He is currently being punished without being tried and sentenced. This is a violation of basic human rights to be kept in such conditions whilst attempting to defend yourself. Majeed Memon is one of the most familiar and renowned names in the Indian judicial system.

He was called to the bar 35 years ago in 1973 and since then, over the years he has grown as the most trustworthy, rational and competent authority in the Criminal Justice System and human rights violation cases. During the past two decades Memon has extended his field of work beyond Indian territory and has been instrumental in securing justice to several Indian and non-Indians living in various countries outside India such as the UK, the Middle East, Europe, South Africa and others. In India he is considered as one of the most reliable authorities and opinion makers, particularly in matters of preservation of Human Rights and Human Dignity.

He is associated with a large number of local and national human rights Institutions and bodies. He learned through the Indian press and from the family about the distressing experiences of Anand Jon, a fashion designer of Indian origin who achieved a fair amount of success in the United States and who is incarcerated in a High Power cell of the LA prison. Memon related to the struggle and the pathetic situation of Jon’s mother and sister running from pillar to post in their home country to rescue the young man from visible violations of human rights.

Memon agreed to intervene so as to secure possible ways and means to get over the traumatic state of affairs. He has arrived in LA to examine the merits and demerits of multiple indictments slapped on Anand Jon and the existing conditions in which the young man is facing incarceration and to take all possible steps through judicial administrative and diplomatic channels to ensure a dignified process of handling Anand Jon in custody and to ensure a fair process of trial that would send a signal down below to the whole of the world that equality and fair play are the basics of judicial system in the United States.

As an NRI citizen Anand Jon must be the recipient of the same so that people continue to hold the United States Judicial System in high esteem and justice is not only done but also visibly appears to have been done. Memon’s purpose is to represent as much as he can back to India. He would like to address the US court, if possible, as well regarding Anand Jon. After spending several days with the Anand as well as his attorneys he says that in the US Anand Jon clearly appears to be the victim in a well knit conspiracy.

At this stage Anand is not receiving the justice that he should be receiving. There is substance in the mother and sister’s claims of unjust punishment. Memon is working in coordination with the local attorneys and sees clearly the fundamental flaws in the case that are apparent on its face. For instance there is a serious lack of instant protest or complaints, of 911 calls. Complaints ranging from five years ago are unheard of. There are also technical flaws in the system of grand jury. For example, only 3 percent of all cases in the US go to grand jury.

There are four separate grand juries in the case of Anand Jon. Why did they rush to grand jury? Was the prosecution concerned with defense cross-examination? Were they concerned that the case would be weakened by eliminating the shock value of volume? These are rejected cases that have been piled on to create the illusion of a solid case. If they were individually filed the jurisdictions admit they never would have pursued them. But because they were packaged so neatly for New York and Texas these DA offices were in a no lose situation.

Because these are alleged state crimes in several jurisdictions they must be answered separately even though they overlap. Case in point, 75 percent of the charges in New York overlap with LA and TX charges. Surprisingly, however, this is not considered double jeopardy and the cases cannot be centralized in one singular case in Federal court. In addition, the funds that it takes to continue this fight is staggering, especially when you recall that there are numerous jurisdictions to consider. Keep in mind, Memon continues, there are basic principles in filing a complaint.

These include a reasonable and sensible justification to register a crime against someone. The fundamental duty of the police officer should be to ask what took the girls so long to come forward. Delay is at times a fault and should not at times set criminal law in motion. Only after a grievance is justified should it be acted upon.

The question is ‘what has happened today to cause you to come forward.’ 1. the officer must ask for explanation for not coming forward immediately 2. the delayed approach needs to be immediately corroborated by medical evidence 3. if you were assaulted naturally it would be without consent. There would be a struggle resulting in injuries.

Where are the injuries? Where is the proof of any non-consent? 4. After the alleged incident you then moved in with him. How is this possible? How are you still with him? This shows consent. 5. If assaulted in NY, why wait till TX? Then LA? Why not complain immediately? A charge for touching the body? For an attempted kiss? Ridiculous! These charges were accumulated and aggravated the situation. If bail is lowered, they have more waiting? When does it stop? How is this fair? Arrest is not part of the punishment.

If it is necessary to arrest you are allowed to post bond to appear later to address the charges and decide justice. Bail is not punishment. There is no compensation while waiting for justice while in prison. So why keep in custody? Only if you have money you can be released to fight your case from outside the jail cell. So essentially freedom can be bought.

Where does that leave the man with limited means? What if the bail set is unreasonable? Jon should not be confined to a cell and in shackles for most of the day. Confinement is reserved for the aggressive, the violent, the insane and habitual offenders. None of this applies to Anand. An accused person is considered a guest of the state.

He is not a condemned prisoner unless convicted and sentenced. In the case of Anand Jon he is presumably seen as guilty. This is wrong. It is upon the Indian government to look after all Indian citizens and specifically Vayalar Ravi, who is from Kerala, the same state as Anand Jon.

He should, to the core, be bothered by this travesty and interject in any way that he can. Could his lack of action in this case affect the next election? What can the Indian government do? Intercede. Anand Jon will not get justice here. Deportation may be the only answer. Anand Jon is a citizen that brought laurels to the country. The Indian foreign affairs office is dormant, fast asleep.

Anand Jon is not a common NRI. He is an extraordinary person bringing great pride to the country. If the government doesn’t act in this then what will they get involved with? Is the Indian government under the thumb of the US? They need to get involved on their own without pressure, without media they should see the injustice and do it on their own.

JS Bedi