Features
US Supreme Court Indian Counterpart British Justice
by Kumar David
In choosing three jurisdictions I have chewed off a lot but my stern Editor will use his pruning blade as needed. My initial target was the Supreme Court of the Uniited States (SCOTUS) since the next period laps Trump’s re-election bid. The reactionary stand SCOTUS has taken by reversing women’s reproductive rights 50-years after Roe vs. Wade and the impending clashes with women, young people and progressives is dynamite.
However India is our big neighbour about whose courts my readers may not be up to date so I begin with a lengthy introduction on the Indian courts. In a Washington Post opinion piece dated 24 March 2020 Rana Ayyub asserted that “The destruction of India’s judicial independence is almost complete”. See https://www.washingtonpost.com/opinions/2020/03/24/destruction-indias-judicial-independence-is-almost-complete/
Ayyub points out that the Indian SC crushed the bail petition of Anand Teltumbade, an advocate for the most disadvantaged communities and instructed him to surrender to the police. He was swept up in a broad crackdown of lawyers and activists accused of supporting Maoist militants (Naxalites) many of whom have been languishing in jail for decades. She says that Teltumbde’s work against the caste system and majoritarian politics made him a target of right-wing leaders, including Narendra Modi. Teltumbade has condemned Modi’s communal politics, compared him to Hitler and accused him of complicity in the anti-Muslim carnage of 2002 which left more than 1,000 people dead in Gujarat when he was chief minister.
I provide below quotes, edited for context, from Rana Ayyub’s Washington Post story.
BEGIN QUOTE:
“Teltumbde’s unfair treatment by our judiciary underscores the loss of independence by India’s institutions. The refusal by the Supreme Court to grant him bail came soon before a former chief justice, Ranjan Gogoi, joined Parliament after being nominated by Modi government. Gogoi delivered some of the most obnoxious rulings in recent times to enable the Modi administration’s majoritarian agenda. His appointment, just four months after his retirement (and after he was accused of sexual harassment), has raised big questions about justice in the era of hyper-nationalism that Modi has come to represent.
In November, Gogoi delivered a big victory to Modi when he ruled on Babri Masjid, an important mosque for Muslims demolished in 1992 by Hindu nationalists. Gogi’s judgment also cleared the Modi government of corruption in a defence deal involving the purchase of Rafale fighter jets. The government was accused of bypassing procedures and compromising national security in an arms deal to benefit an Indian billionaire. Gogoi has been rewarded with a high place in the Indian Parliament putting a spotlight on the unholy nexus between political power and the judiciary.
Recently, Justice Arun Mishra hailed the prime minister as a versatile genius, an internationally acclaimed visionary who thought globally and acted locally. The comment was widely criticized, including by the Supreme Court Bar Association. Mishra refused to grant relief to Teltumbde despite the flimsy evidence. The hall of shame of the Indian judiciary in recent times is sullied with brazen cases of human rights violations.
In February, when Delhi saw horrifying communal carnage that led to the loss of 53 lives, arson and hundreds injured, the Delhi High Court called out the state police for action against BJP ministers who made anti-Muslim hate speeches. The judge who delivered the order was transferred overnight!
The Supreme Court once called Modi a modern-day Nero looking the other way as innocent women and children were burnt in the 2002 in Gujarat. But those days are long gone. The appointment this former chief justice to the Parliament by the ruling government exacerbated the country’s governance and moral crisis. The Gogoi’s appointment strikes a blow at impartiality at the moment when India is heading down an authoritarian path”. END QUOTE
To complicate matters further the Canadian Government said on Sept 18 that it was actively pursuing allegations linking the Indian Government to the murder of a Sikh separatist leader (a Canadian national) in British Columbia. Prime Minister Justin Trudeau told the House of Commons that involvement of a foreign government in the killing of a Canadian citizen was “an unacceptable violation of our sovereignty”. Hardeep Singh Nijjar was shot dead outside a Sikh temple on June 18 in Surrey, a Vancouver suburb with a large Sikh population. Nijjar supported a Sikh homeland in the form of an independent Khalistan and was designated by India as a “terrorist” in July 2020. Canadian security agencies have been actively pursuing “credible allegations” of a potential link between Indian agents and have expelled India’s top security officer. Trudeau said he had raised the matter with Modi on the side-lines of the G20 summit.
SCOTUS
(Supreme Court of the United States)
Oh dear the previous section on India was longer than I had planned, but I let it drag on because I reckoned readers may not be aware of this side of the story in our giant neighbour and may find it interesting.
Now to the Supreme Court of the US. Appointment is for life and if you get a bad-egg you are stuck with him, or her, till the bloke retires or the grim-reaper visits. The most ‘rightist’ judges on the bench at this time are Clarence Thomas and Samuel Alito. Thomas, a bad egg, and his wife are accused of accepting gifts from corporate lobbies and joy rides on their planes that if it had occurred in Lanka would have warranted impeachment. The Los Angeles Times quite openly declared on August 10, 2023 “Supreme Court Justice Clarence Thomas’ corruption is intolerable”.
They secretly accepted a long list of luxury trips from a cadre of conservative billionaires. The New York Times did say on February 26, 2016 “Supreme Court Justice Clarence Thomas secretly accepted a long list of luxury trips from a cadre of conservative billionaires”. The other reactionary judge on the court Samuel Alito is alleged to have accepted favours from corporate interests. Judges Alito and Thomas think they can accept lavish gifts without undermining the integrity of the Court. As an example look at:-https://www.latimes.com/opinion/story/2023-08-10/supreme-court-justice-clarence-thomas-corruption-gifts-propublica-ethics-congress
See also:-https://www.afj.org/article/justice-alito-cant-originalism-himself-out-of-corruption-charges/
The grading of judges from most liberal to most reactionary in the public mind is:
Sonia Sotomayor
Elena Kagan #
Ketanji Brown Jackson
John Roberts (Chief Justice)
Brett Kavanaugh #
Amy Coney Barrett #
Neil Gorsuch #
Clarence Thomas
Samuel Alito
# These four judges were nominated by Trump and he often refers to them as “my judges”.
The United Kingdom
Next a few words on the mother of all parliaments. George Jeffreys (1645-1689) known as the Hanging Judge was notorious for his cruelty and corruption. In “The Bloody Assize of 1685 he was sent to Somerset to try captured rebels after the Monmouth Rebellion. Estimates of the number he executed for treason varies between 160 and 1,380. It is arguable whether Jeffreys deserves his reputation as the “hanging judge” or whether King James II failed to use the royal prerogative of pardon.
The famous “Impeachment of Warren Hastings” (or to be precise the failure to impeach) is a complex issue of competing visions of empire. Hastings as Governor-General was tried in England 1788 for ‘high crimes and misdemeanours’ against the people of India. The prosecutor was the erudite political thinker Edmund Burke. The trial “was an act of imperial soul-searching” and though Hastings was acquitted it was a warning to imperial proconsuls that they could be called to account.
It was the first human rights trial of modern times but raised profound cultural issues. Hastings was curious and learned about Indian culture and famously declared: “I love India a little more than my own country”. He launched a cultural renaissance, was fluent in Bengali and Urdu and founded the Calcutta Asiatic Society under the chairmanship of the renowned Orientalist Sir William Jones who helped the flowering of Bengali culture.
A profound clash emerged between two visions of scholarship which resonates to this day; one led by Hastings, respectful of indigenous customs and traditions and labelled “Orientalist” by the other. The other a Westernised brand of liberal interventionism. I don’t know how many people know about this clash.
Hastings “rediscovered” the subcontinent’s classical Hindu and Buddhist past. His patronage promoted the revival of Sanskrit, the ancient classical language, and rescued it from the narrow confines of a corrupt and oppressive Brahmin priesthood. Under the Governor-General’s patronage, the Asiatic Society pioneered an ambitious programme to translate Hindu religious classics like the Bhagavad Gita from Sanskrit into English and the local vernaculars. Hastings’s introduction to the first ever English translation of the Gita said passages of it were “elevated to a sublimity which our habits of judgement find it difficult to pursue.”
Warren Hastings was the most popular of all British Governor-Generals among his Indian subjects. But he alone of all colonial administrators in India was put on trial for crimes against humanity, in a seven-year-long impeachment in the British Parliament, led by the great Whig orator and philosopher, Edmund Burke. Given his respect for Indian sensibilities, it’s ironical that the charges against him focussed on his alleged persecution of Indian subjects.
Edmund Burke, in his historic, four-day-long opening speech – an unrivalled model of parliamentary invective – accused Hastings of having “gorged his ravenous maw…feeding on the indigent, the dying and ruined”, like “the ravenous vulture…devouring the carcasses of the dead.” “I impeach him in the name of the English nation, whose ancient honour he has sullied,” Burke thundered. “I impeach him in the name of the people of India, whose rights he has trodden under foot, and whose country he has turned into a desert.” But Burke was wrong.
The great Whig historian and imperial policy-maker, Thomas Macaulay, though critical of Hastings’s alleged abuses of power, conceded that “he made himself beloved by both the subject many and by the dominant few” and “enjoyed among the natives a popularity…such as no other governor has been able to attain.” During his own years in Calcutta half a century later, Macaulay could still hear “nurses sing children to sleep with a jingling ballad about the fleet horses and richly caparisoned elephants of Sahib Warren Hosein”.
Hastings left British administration in India on a sounder footing than ever before. The corrupt excesses of the Company’s servants had been significantly curbed, French and other military threats had been resoundingly beaten off, and the “Company Sahib” was now the dominant power in the subcontinent.
Hastings survived in semi-retirement till the grand old age of 85. In 1813, both Houses of Parliament rose spontaneously to give him a standing ovation when he gave evidence on new legislation about India. In a letter which would be his last political testament he warned his successor, the Marquess of Hastings (no relation), that Indians had been misrepresented “as sunk in the grossest brutality and defiled with every abomination”, thereby justifying British attempts “to reform them, nay to ‘coerce’ them into goodness”. Instead, he exhorted his namesake, “it will be better to leave them as they are…” He concluded with a plea for racial equality, remarkable for its time:
Hastings’s sympathetic, “Orientalist” approach to India lost out to a Whiggish, Westernising sense of imperial mission, summed up by Burke’s dictum that “it was the duty of a British Governor to enforce British laws, to correct the opinions and practices of the people, not to conform his opinion to their practice”. Half a century later, British administrators led by Macaulay put this precept into practice with anglicising reforms designed to create a new class of “Brown Sahibs”. Warren Hastings would not have approved.
Despite its failure, the Hastings impeachment was an act of imperial soul-searching unparalleled in history. For seven long years, British MPs and peers examined and debated every minute detail almost every document that had crossed the desk of their Indian Governor-General. Many were inspired by hostility to the East India Company, whose tentacles were corrupting British politics. But there was also very genuine concern for the human rights of the Company’s Indian subjects and how their treatment reflected on British justice. Hastings was eventually acquitted and his impeachment trial was a warning to all future imperial proconsuls that they could be called to account by Parliament.
Impeachment in the UK today
: Whilst historically judges were removed by impeachment (and constitutionally still may be), the 1701 Act of Settlement provided that a judge of the High Court or the Court of Appeal may be removed by both Houses of Parliament petitioning the Sovereign. This is the procedure today and was described in the first edition of Erskine May. Hence the impeachment procedure is relatively simple and the buck is passed to the Sovereign. (There are in fact quite a few to-and-fro steps between the Commons and the Lords but too boring to detail here). My point is that a US style impeachment trial is largely avoided.
Sri Lanka
It would be sensible to assume that the Executive Presidency will sooner rather than later be abolished in Lanka. An expert who promised a few months ago to write a short proposal for a new constitution to place before the likely governments to be elected in a year or two (the JVP-NPP option or some UNP-Ranil-Sajith option) has backed out and gone silent. However a new constitution is a necessary and it is a great pity that proposals to replace JR’s vile contraption have not been published. To her credit Chandrika did make a genuine attempt in 2000 which was scuttled by RW’s short-sighted greed and the hostility of reactionary sections of the clergy. Lanka however cannot duck the issue forever.
Features
Donald Trump’s second tenure and the US’ ‘democratic health’
It ought to be an hour of soul-searching for those sections of the US electorate that voted Donald Trump to the position of US President for the second time. Primarily, does it sit easy on their consciences that their President-elect has a past criminal record?
Are they comfortable with the fact that he tried to wreck their country’s democratic process by seeking to overturn the presidential electoral verdict that brought Joe Biden to the pinnacle of governance in ‘the world’s mightiest democracy’ in 2020?
These are merely two of the most basic questions that Trump supporters need to ideally address. The US is far from being the proverbial ‘beacon of light’ for the rest of the world in quite a few respects but from the viewpoint of democratic development the US has thus far been considered foremost.
It follows that what the US does with its democracy, given this reputation, has an impact on the rest of the democratic world. Bad examples ‘from the top’ at whatever level or sphere tend to have a strong ‘copycat’ effect. That’s the troubling prospect for the admirers of the US in general and for Trump supporters in particular.
It was in Donald Trump’s narrow interests to get back to power. For some time at least it would ensure a spell of relative security for himself from the numerous lawsuits which were brought against him and their troubling legal consequences. It would also enable him to continue with his financial empire-building and ensure the seeming consolidation of what has come to be labelled as the ‘free enterprise system’ in the US. But what’s in Trump’s comeback for his supporters? Particularly those supporters who tried to savage the presidential election result of 2020? How do they stand to gain from their electoral decision?
Right now, if these rank-and-file Trump supporters believe that their personal lot would be any better under Trump, they are in for a huge disappointment. The fact is that inflation and related economic hardships would not only continue to plague them but would worsen in the future since Trump has announced no-holds-barred trade wars between the US and the foremost of economic powers, such as China.
For that matter how could any economy hope to be in one piece by having troubled economic links with China, the world’s second most vibrant economy and the world’s number one exporter of goods and services? Right now, there is no country that is not dependent to some degree on Chinese goods. Apparently, Trump supporters have bitten off more than they could chew by depending on some kind of ‘Trump magic’ to deliver them from their economic woes.
Besides, are die-hard Trump supporters expecting the US to be the number one world power indefinitely? Right now, the US is the foremost power alright but this position is not going unchallenged. There is of course China to consider. There is also the fact that India is fast catching up on both these powers. It wouldn’t be too long before India would prove no easy ‘push-over’ for the rest of the world’s foremost powers.
India’s current achievements in science and technology speak for themselves. Besides, India is the US’ topmost trading partner. China has been elbowed out of contention in this respect. For example, it is reported that India’s bilateral trade with the US would ‘cross the $ 200 billion mark in 2024 from $ 195 billion in 2023.’ Accordingly, international economic realities are increasing in complexity.
It would be foolish on the part of any section to think in simplistic terms on these questions. It would smack of naivety, for instance, to see the US’ seeming economic supremacy going indefinitely unchallenged. As matters stand, international economics would primarily drive international politics.
Considering even only the foregoing it seems that considerable sections of Trump supporters thought naively when they voted Trump back to power. Apparently, they fell for Trump’s rhetorical claims of the kind that the US would be made ‘number one’ in the world once again. Apparently, rationality was not their strong point.
But these supporters could not be judged harshly. An economically battered people easily fall for election platform rhetoric. This has time again been proved even in Small Sri Lanka; once described as South Asia’s ‘five star’ democracy.
Even on the foreign relations front, there are complex realities that the average US voter needs to ponder over. The Middle East is where a Trump administration’s foreign policy sagacity would be tested most. In that ‘powder keg’ region a ceasefire between Israel and Hamas is believed to be taking shape, but much give-and-take between the warring sides is called for.
Getting the hostages back is compulsory for both sides but there needs to be a guarantee that there would be no reversion to bloodshed and contention once this is done. Right now, it is open to question whether the incoming Trump administration could provide this ironclad guarantee.
To begin with, Trump would need to get tough with the Netanyahu regime and the political right supporting it. Since the Trump administration is itself backed by the extreme political right on the domestic front and is hand-in-glove with religious fundamentalist opinion in the US, it is doubtful whether Trump could deliver a durable peace in the Middle East.
It ought to be equally thought-provoking for the impartial commentator that considerable sections of Trump supporters apparently allowed themselves to be carried away by his racist slogans. Illegal migration is a major issue in US politics and there need to be legal ways to manage the crisis, but a successful democracy stands or falls by the way it treats its minority communities.
Considering the foregoing what one could gather is that the majority of Trump supporters were egged-on by emotion rather than reason when they opted to vote for him. It ought to have been clear to them that there are no quick-fixes for the ‘foreigner presence’ in their midst.
For instance, they ought to have seen that to act heavy-handedly towards ‘foreigners’ was tantamount to vitiating the values of tolerance and fair treatment which are central to the democratic ethos, which hitherto have been considered a defining essence of US governance.
However, Trump appealed to the gut emotions of his hardline supporters when he claimed, for instance, that the US public needed to protect their pets from migrants. The implication was that the latter were indiscreet flesh eaters. Such claims would have undoubtedly turned credulous sections in the US against migrants and compelled them to see in Trump a savior of sorts. Thus, Trump’s incendiary rhetoric translated into votes.
However, the upshot of these developments and more was that the democratic system in the US was exposed as vulnerable to rabble-rousing presidential contenders. The democratic vibrancy or ‘health’ of US governance has thus come into question. It’s an issue the US polity needs to address urgently.
Features
Myth of Free Education: A global perspective for Sri Lanka
By Professor Ajith DeSilva
LDESILVA@westga.edu
The concept of “Free Education” has long been a cornerstone of Sri Lankan identity, championed as a remarkable achievement of Dr. C.W.W. Kannangara’s visionary reforms in the mid-20th century. However, in today’s globalised world, it is essential to critically examine what “Free Education” truly means—and whether Sri Lanka’s system is as unique as it is often portrayed.
Free Education in Schools:
A Global Norm
Kannangara’s efforts to make education accessible to all Sri Lankan children in the 1940s were groundbreaking for their time. By establishing free primary (grades 1 – 5) and secondary education (grades 6 – 12), Sri Lanka provided a pathway for countless children from underprivileged communities to escape the cycle of poverty. But today, this framework is no longer an exception to the rule; it has become a universal standard.
The United Nations’ Declaration of Human Rights (Article 26) recognises free and compulsory education as a fundamental right for all children. As of now, nearly every country in the world provides free Kindergarten – 12th grade (K-12) education. Nations like Finland, Japan, and Germany offer universally free primary and secondary education, while others, like the United States and Canada, provide public education without direct cost to families. This means Sri Lanka’s primary and secondary “free education” model, while commendable, is no longer a unique phenomenon. Rather, it is part of a broader global movement that aligns with UN norms.
University Education: Merit-Based Scholarships, Not Truly Free
The discussion becomes more complex when we examine university education. Sri Lanka takes pride in offering free university education, but this term is misleading. What Sri Lanka truly offers is a merit-based scholarship system, accessible only to a limited number of high-achieving students from GCE A/L. While the state bears the cost for these students, it is important to recognise that this is not “Free Education” in its purest sense, but a selective programe benefiting a small proportion of the population.
In the early 1980s, less than 5% of eligible students in Sri Lanka gained admission to government universities. Today, while this has risen to around 15%, the majority still lack access and are forced to seek costly alternatives, such as private universities or foreign institutions. Even for those admitted to state universities, a rigid ranking system often denies them the freedom to choose their preferred discipline or institution. This highlights that Sri Lanka’s “free” higher education system is neither financially accessible for most students nor supportive of academic freedom.
From a global perspective, we observe that in Germany, public universities provide free or low-cost education to both domestic and international students. However, admission is often tied to academic performance, with certain programmes, particularly in high-demand fields like medicine, governed by strict quotas.
In the United States, fewer than 5% of students receive fully government-funded merit-based scholarships, while approximately 15 – 20% benefit from partial funding. Eligibility for these scholarships and grants is determined by various factors, including academic performance, athletic abilities, financial need, and specific criteria like household income relative to the poverty line. Since the U.S. education system is largely state-driven, each state provides its own grant and scholarship programes based on need, merit, or career-focused incentives, such as those for teaching, military service, or nursing.
Countries such as Denmark, Norway, Sweden, and Finland, celebrated for their free higher education systems, may, however, rely on selective university admissions. As a result, tuition-free education is predominantly available to top-performing students, with universities imposing competitive entry requirements to control demand.
Other countries similarly offer free or highly subsidised education that is tied to merit and financial need, demonstrating that Sri Lanka is not unique in providing access to higher education without direct tuition costs. However, Sri Lanka’s claim to offer “free” education is debatable, as its system limits access and academic freedom while ignoring the financial burden of alternative pathways for most students.
The Need for a Paradigm Shift
Sri Lanka’s merit-based system has undoubtedly provided opportunities for many bright and deserving students. However, it raises two critical questions: (1) Are we doing enough to expand access to higher education for all Sri Lankans? and (2) Should we continue to cling to the rhetoric of “Free Education,” or should we acknowledge the reality of a selective scholarship model?
Countries like India and China have introduced hybrid systems that combine merit-based scholarships with income-based financial aid, ensuring that students from lower-income families are not left behind. In Sri Lanka, there is room to explore similar policies, where government support is extended not just to a select few but also to those who may lack top-tier academic scores yet demonstrate significant potential and need.
Moreover, as the demand for higher education grows, Sri Lanka must address the challenges of funding and infrastructure. Expanding university capacity, fostering partnerships with private institutions, and encouraging vocational and technical education are vital steps toward creating a more inclusive and sustainable system.
Conclusion: Moving Beyond the Myth
While Sri Lanka can be proud of its educational legacy, it is time to shed the myth of “Free Education” as an exceptional Sri Lankan achievement. In today’s world, free primary and secondary education is a global norm, and Sri Lanka’s university system functions more like a merit-based scholarship programme than a universally accessible model.
By recognising these realities, we can shift the national conversation toward improving access, equity, and quality across all levels of education. The true measure of an education system is not how much it is subsidised, but how effectively it empowers every citizen to reach their full potential. Sri Lanka’s future depends on moving beyond the rhetoric of “Free Education” and embracing a vision that includes all. Admittedly, opposition to fee-based education has hindered the implementation of proposals aimed at expanding higher education opportunities to a larger portion of our student population.
Features
Depressing scene in LA
Sri Lankans marked themselves as ‘safe’
While the whole world is in shock by the disaster that has struck the celebrity neighbourhoods, near Malibu, I’m told a similar-sized blaze, in Eaton Canyon, North of Los Angeles, has ravaged Altadena, a racially and economically diverse community.
Black and Latino families have lived in Altadena for generations and the suburb is also popular with younger artistes and engineers working at the nearby NASA rocket lab who were attracted by the small-town vibe and access to nature.
Quite a few Sri Lankans, living in LA, have marked themselves as ‘safe,’ including Rohan Toney Mendis (of Apple Green fame and now Dynasty), Sunalie Ratnayake, Jehan Mendis (Dynasty), and singer Sondra Wise Kumaraperu.
Singer Britney Spears, who is quite popular in our scene, evacuated her $7.4 million mansion as the Los Angeles Wildfires engulfed the celebrity neighbourhoods.
She had to evacuate her home and had to drive four hours to a hotel.
“Most people may not even be on their phones!” she indicated in an Instagram message. “I wasn’t on the phone the past two days because I had no electricity to charge and I just got my phone back!”
A few days after Tina Knowles’s birthday, Beyoncé and Solange’s mom sadly announced her Malibu bungalow had been burnt down. “It was my favourite place, my sanctuary, my sacred happy place,” she wrote.
Paris Hilton said on Instagram she was “heartbroken beyond words” after losing her home and watching it being destroyed on television.
“Sitting with my family, watching the news, and seeing our home in Malibu burn to the ground, on live TV, is something no one should ever have to experience,” she wrote. “This home was where we built so many precious memories.”
The ‘Simple Life’ star continued that “while the loss is overwhelming, I’m holding onto gratitude that my family and pets are safe,” adding, “To know so many are waking up today without the place they called home is truly heartbreaking.”
American actor and filmmaker Mel Gibson revealed that his home burned down while he was recording a podcast episode with Joe Rogan. “[I was] kind of ill at ease while we were talking, because I knew my neighbourhood was on fire, so I thought, ‘I wonder if my place is still there.’ But when I got home, sure enough, it wasn’t there.”
Gibson calls the loss “devastating” and “emotional.” “You live there for a long time, and you had all your stuff,” he added.
The Pacific Palisades property of the late Matthew Perry, who gained fame in the television series ‘Friends,’ a popular TV series with Sri Lankans, was one of the many homes that burnt down during the fires.
The property was just purchased for $8.6 million by a real-estate developer.
Some of the other known celebrities who lost their homes to the LA Fires include Sir Anthony Hopkins, Adam Brody and Leighton Meester, Anna Farris, Mandy Moore, Milo Ventimiglia, Melissa Rivers, Miles and Keleigh Teller, Ben Affleck, Pete Lee, Barbara Corcoran, Harvey Guillen, and Jeff Bridges.
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