It does not surprise me that the continuing debate on the Op-Ed page of the Indian Express on the Muslim predicament skirts fundamental issues. The debate has been triggered by Ramachandra Guha disagreeing with Harsh Mander on the Muslim question.

Mander's column, headlined "Sonia, Sadly", expresses his hurt at Sonia Gandhi's public expression of fear that the Congress was being perceived as a "Muslim Party".

In the very first paragraph of his column, Guha plucks out a quote from Mander. "A Dalit leader tells Muslims who come to political meetings: By all means come in large number to our rallies. But don't come with your skull caps and burkas."

"Mander is dismayed at this gratuitous attempt to get Muslims to voluntarily withdraw from politics." But Guha disagrees with Mander's interpretation of what the Dalit leader said. Guha is emphatic: "While the words may be harsh and direct, the spirit of the advice was forward-looking", i.e. don't come in skull caps and burkas.

This, I suspect, is the crux of the matter. Guha is endorsing the new line enunciated by the Congress Party: Keep Muslims at arm's length just in case the BJP spin doctors pick up this visual to polarise. Rahul Gandhi's frenetic temple-hopping, janeu et al, is in pursuit of this soft saffron.

Apoorvanand, Harbans Mukhia, Mukul Keshavan, Mani Shankar Aiyar, Suhas Palshikar, Irena Akbar, Khalid Ansari, Jawed Naqvi, why, even Mander himself, have all written sensitively, even knowledgeably on the subject. But Guha is a class apart: Muslims must give up skull caps and, to balance matters, Hindus their trishuls. His desire to equalise permeates the article.

Praveen Togadia and Yogi Adityanath are bad, but Guha will be happy only if Asaduddin Owaisi and Ali Shah Geelani are mentioned in the same breath. Togadia wants Muslims to leave the country. "Occupy their homes," he once famously said in Gujarat. Without batting an eyelid, Yogi heard his cohorts ask for buried Muslim women to be dug out from their graves and raped. Show me a comparable quote from Owaisi or Geelani.

"Yeh ajeeb majra hai ki baroz e Eide qurbaan

Wohi zubah bhi kare hai wohi le sawab ulta"

(Look at the illogical system of the ceremony of sacrifice.

He who slaughters claims the reward for paradise.)

 The tragedy is that Guha belongs to the category of people who, because of their celebrity status, imagine that eminence in one field qualifies them to claim proficiency in all the others. His inadequacy on the theme he has rushed into unprepared, derives from a common malaise: He is a creature of uninstitutionalised apartheid which means separate development.

It would be interesting to know if Guha has ever visited Muslim homes or the other way around when he was a child. Did he know Muslims in school or college whose friendship he still values? Even if he is able to blurt out a name or two, the undeniable truth will be that he has grown up only with his ilk. He has no experience of Muslims. He is not alone in this category.

A sharp contrast attends my circumstance. I, along with my three brothers, grew up only among Hindus. Apartheid therefore didn't touch us. Since our informal education was continuous since birth, we knew fairly early that Al-Biruni wrote Tarikh al Hind after his extended stay beginning 1017. Moinuddin Chishti, Shahbaz Qalandar and a host of Sufis and saint-poets like Kabir from the 12th to 14th centuries were spreading "Vasudhaiva Kutumbakam", paving the way for Abdul Rahim Khan-I-Khana who ended up writing the only Sanskrit verses in praise of Lord Rama. In his brilliant Persian poetry in the 17th century, Chandrabhan Brahman felt secure enough to taunt and tease the Muslim clergy.

 Yagana Changezi, a 20th century poet, questions a basic tenet: Why must namaz be said in a foreign language? If all of this sounds like nostalgia, let me invite you to Lucknow for an evening of spiritual poetry on Ahl al-Bayt or the Prophet's family. The poet, Sanjaya Mishra, was a favourite with my mother who died three years ago. She had special vegetarian meals prepared for him.

 I have shed light on the tiniest strand in the vast expanse of Muslim liberal traditions. Since the 16th century these have been bound up inextricably with the waxing and waning of Urdu in which Hindus and Muslims equally participated. The first great writer of Urdu prose was Pandit Ratan Nath Sarshar.

 How many liberals know that there is not a single couplet in Urdu which praises the mullah or endorses orthodoxy of any kind?

 Did you know that most of the poetry on Krishna, Ram in the last century has been written by Muslims? I will only confuse the issue if I bring in Kazi Nazrul Islam, Salbeg, Bekal Utsahi or Nida Fazli.

 It puzzles me why liberal intellectuals sometimes fall prey to a tendency that the politician has cultivated as a calculated habit: Consider the Muslim only as a religious category. Why must Muslim achievements in poetry, music, architecture, systems of governance not be celebrated? Such an exercise would surely cast them in a liberal mould. Guha might then heave a sigh of relief.

 A false quest for a liberal Muslim leader almost flows from the above approach. A liberal Muslim leader, I never tire of repeating, is a contradiction in terms. That is an illiberal quest. Are we never going to find a Hindu whom Muslims can trust and the other way around?

 That must be the only possible way ahead.

 (A senior commentator on political and diplomatic affairs, Saeed Naqvi can be reached on saeednaqvi@hotmail.com. The views expressed are personal.)

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Kochi (PTI): The prosecution had "miserably" failed to prove the conspiracy charge against Dileep in the sensational 2017 actress sexual assault case, a local court has observed while citing inconsistencies and lack of sufficient evidence against the Malayalam star.

The full judgement of Ernakulam District and Principal Sessions Court Judge Honey M Varghese was released late on Friday, and has revealed the judge also pointing out at unsustainable arguments put forth by the prosecution.

"The prosecution miserably failed to prove the conspiracy between accused No.1 (Pulsar Suni) and accused No.8 (Dileep) in executing the offence against the victim," the court held.

It examined in detail, the prosecution's allegation that Dileep had hired the prime accused to sexually assault the survivor and record visuals, including close-up footage of a gold ring she was wearing, to establish her identity.

On page 1130 of the judgment, under paragraph 703, the court framed the issue as whether the prosecution's contention that NS Sunil (Pulsar Suni) recorded visuals of the gold ring worn by the victim at the time of the occurrence, so as to clearly disclose her identity, was sustainable.

The prosecution contended Dileep and Suni had planned the recording so that the actress' identity would be unmistakable, with the video of the gold ring intended to convince Dileep that the visuals were genuine.

However, the court noted that this contention was not stated in the first charge sheet and was introduced only in the second one.

As part of this claim, a gold ring was seized after the victim produced it before the police.

The court observed that multiple statements of the victim were recorded from February 18, 2017, following the incident, and that she first raised allegations against Dileep only on June 3, 2017.

Even on that day, nothing was mentioned about filming of the ring as claimed by the prosecution, the court said.

The prosecution failed to explain why the victim did not disclose this fact at the earliest available opportunities.

It further noted that although the victim had viewed the sexual assault visuals twice, she did not mention any specific recording of the gold ring on those occasions, which remained unexplained.

The court also examined the approvers' statements.

One approver told the magistrate that Dileep had instructed Pulsar Suni to record the victim's wedding ring.

The court observed that no such wedding ring was available with her at that time.

During the trial, the approver changed his version, the court said.

The Special Public Prosecutor put a leading question to the approver on whether Dileep had instructed the recording of the ring, after which he deposed that the instruction was to record it to prove the victim's identity.

The court observed that the approver changed his account to corroborate the victim's evidence.

When the same question was put to another approver, he repeated the claim during the trial but admitted he had never stated this fact before the investigating officer.

The court noted that the second approver even went to the extent of claiming Dileep had instructed the execution of the crime as the victim's engagement was over.

This showed that the evidence of the second approver regarding the shooting of the ring was untrue, as her engagement had taken place after the crime.

The court further observed that the visuals themselves clearly revealed the victim's identity and that there was no need to capture images of the ring to establish identity.

In paragraph 887, the court examined the alleged motive behind the crime and noted that in the first charge sheet, the prosecution had claimed that accused persons 1 to 6 had kidnapped the victim with the common intention of capturing nude visuals to extort money by threatening to circulate them and there was no mention about Dileep's role in it.

The court also rejected the prosecution's claim that the accused had been planning the assault on Dileep's instructions since 2013, noting that the allegation was not supported by reliable evidence.

It similarly ruled out the claim that Suni attempted to sexually assault the victim in Goa in January 2017, stating that witness statements showed no such misconduct when he served as the driver of the vehicle used by the actress there.

The court also discussed various controversies that followed Dileep's arrest and the evidence relied upon by the prosecution, ultimately finding that the case had not been proved.

Pronouning its verdict on the sensational case on December 8, the court acquitted Dileep and three others.

Later, the court sentenced six accused, including the prime accused Suni, to 20 years' rigorous imprisonment.

The assault on the multilingual actress, after the accused allegedly forced their way into her car and held it under their control for two hours on February 17, 2017, had shocked Kerala.

Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.