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Section 3. Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.

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“That’s too late,” said Dr. Saade of the University of Texas. “It’s like studying cardiac disease or any other medical condition just by doing an autopsy.”

A few other things trouble me too: our present CJI, before taking office, publicly lectured about independent judges and noisy journalists. Just recently, the judicial system allowed a journalist in Odisha to remain in jail for over a month for making certain remarks about the Sun Temple in Konark. Our Supreme Court even refused to grant him bail, reportedly remarking that if one’s life were in danger, what better place was there than to stay in jail. When the court is angered about the publication of information pertaining to the working of critical public institutions like the Central Bureau of Investigation on grounds of confidentiality, one cannot help but worry.

d. Fourth, Hasson identifies Equal Education as a “complainant because questions have been raised about the integrity of our leader” and that if there is any truth to the “rumours” then “he has acted in a way that leaders should not, and that his action put EE at risk” and thereby caused “potential damage to the reputation of the organization.”

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269. Eighth, as Achmat has pointed out an outside investigation “carried the risk of an unwarranted intrusion into parts of women’s private lives which they themselves might not wanted to reveal”. This is an important observation. Not one of these women had ever made a complaint to any member of the Board or Management of Equal Education. There is no indication that they knew that their names were being bandied around by Hasson in response to suggestions from ‘KR’ and “KS’ or anyone else. This invasion of their privacy was extremely intrusive. The questions being posed about these women by total strangers to total strangers concern alleged romantic or sexual intimacy – to none of which had they given any consent. I shall deal with the need for regard for privacy and intrusion thereon at a later point in this Report.

c. There are no other complaints of attempted or completed acts of intimidation or silencing on the part of either Mr Isaacs or Mr Achmat in regard to any potential complainant against Mr Isaacs. Absent any such complaints, there is nothing before this Panel of which Mr Isaacs or Mr Achmat needs to be exonerated.

172. It is for these reasons that this Panel is not setting out specific approaches to be taken by Equal Education which has already commenced on this journey.

“The courtroom is full of blood,” a woman from Jerusalem said. She had been at the trial each day as a spectator, sitting in the second row with her arms folded, staring at Walus. “There is no question of his guilt. This man is a murderer. How can his wife sleep with him? There is blood all over him.”

219. The Report of the Human Resources Subcommittee was not released to the entire staff of Equal Education because, as Achmat pointed out to this Panel, in the past when there had been disciplinary processes undertaken in terms of EE Policies and Procedures these had not been made public or shared.

Events over the past few years have prompted many to revisit the idea of individual freedom. Indeed, not just in India, but elsewhere too, the idea of individual freedom is under intense scrutiny. Are governments across the world increasingly posing a threat to liberty? By corollary, are fascist policies and rhetoric on the rise?