THE MIZORAM POST AIZAWL 2 VOL 18 ISSUE 193 EDITORIAL WEDNESDAY 16 DECEMBER 2020 www.themizorampost.net RELIGION AND FREE ANIMAL TRANSPORT REMAINS CRUCIAL SPEECH, IT IS FOR FUTURE WARFARE IN MOUNTAINS MAJ GEN PS NARWAL terrain and environment and prepare The bulk of Indian Army remains accordingly proves unforgiving. To COMPLICATED ISSUEA deployed in Himalayan range facing offset limitations of the terrain, Supreme Court bench headed by Chief Justice of India Dipak Misra possibility of war on two fronts, with militaries prefer to occupy heights correctly?rejected a petition?from RashtriyaHindu Sena chief Pramod collusion of adversaries in north and which dominate the axes of Muthalik claiming that the Congress party manifesto for Karnataka appeals west. This range has nine of the maintenance and passes in mountains to minority voters. This would be a violation of the secular spirit of the world’s ten highest peaks, present which facilitate movement. The constitution and also?article 123(3) of the Representation of the People unique and toughest battlegrounds; choices, thus, for an army facing the Act (RPA), 1951, which bars appeals based on religion, caste, race, the terrain and environment threaten enemy sitting on dominating heights, community or language. While the petitioner’s counsel claimed that the there is equal to any enemy. The generally are limited. The best way to Congress manifesto was violative of what the court heldin?Abhiram Singh- technology has transformed all types dislodge in such situation is either versus- C.D. Commachen, Justice D.Y. Chandrachud, who was on the bench of warfare, except war-fighting in enveloping the enemy from flanks or along with the CJI and Justice A. M. Khanwilkar, disagreed, saying that mountains where it has failed to make from the rear, and isolating, wherein “offering a remedy to alleviate the social or economic backwardness of a decisive impact, particularly on achieving tactical surprise assume community is not an appeal in the name of religion.” Also, there was the logistics. This is mainly due to the significance to imbalance the enemy. question of whether the reference in article 123(3) of the RPA would be Western countries which lead the Infantry attains such daring objectives about the religion, caste or community of the candidate or the voter. (By technologies race do not visualise the with the support of effective firepower implication, this means a manifesto promise to one community may not need to prepare for warfare in such and reliable logistics. Similarly, in automatically constitute an offence under the Act).The court is right for terrain and India has not done so defensive manoeuvre also, maintaining the simple reason that it is almost impossible to separate appeals to religion independently. The logistic support is uninterrupted supply lines to combat or caste from those that appeal to broader constituencies, but couched in crucial to warfare in battlefield of zone in eventualities of enemy different language. If direct appeals to a community to vote for a candidate every type, in mountains and it decides interdiction is the key to success. or party cannot be made, dog whistles are good enough. For decades, the the outcome of war– as Napoleon had Development in aviation has surely word “secular” has itself been a dog whistle to the minorities to vote observed that “The Army marches on catalysed certain aspects of operation Lockheed-Martin in USA developed a The US Army was almost totally seem to be the newest fad! There are against the BJP or its predecessors; similarly, candidates can appeal for its belly”. Historically, Animal logistics in mountain warfare but its Multifunction Utility /Logistics and motorised when they entered the commentaries asking to restructure caste votes by demanding reservations for their caste, or even by appealing Transport (AT) comprising mules, has severe aerodynamic limitations and Equipment (MULE). It was a remotely Second World War. But they hastily even accretive Forces on these lines. against some castes (effectively hate speech) by targeting, say, “Brahmanical been pivotal to operational logistics vulnerability to enemy attacks continue controlled, six-wheeled, reverted from motors to mules at large The technology infusion, of course, domination”. Mayawati could polarise voters at one point with her slogan, in all mountain operations so far and to impinge its dependability. The computerised vehicle with capacity to scale in theatres of Europe, North is vitally needed for enhancing “Tilak, Tarazu aur Talwar, inko maro joote char?– a indirect appeal to its role cannot be undermined for terrain interrupts air to air and air to carry 1000 lbs, specifically meant for Africa and South – South East Asia. heavy, inter-sectoral and in-depth vote against Brahmin, Kshatriya and trader castes. The intent of article future requirements also. This key ground communication; swift changes maintaining supply lines for most Burma Campaign is particularly lifts and for boosting the firepower 123(3) in the RPA may be noble, but one wonders whether it is not inimical contingent of Indian Army should not in weather can shut off flying for weeks. forward lines in the battlefield. considered as one of the most in mountains, but not for replacing to democracy itself. One can bar hate speech or exhortations to violence, be frittered away further considering The limited ingress and egress routes However, it failed almost all field tests. challenging amongst all from combat the AT. The immutable realities of but trying to restrict the kind of issues one can raise in an election amounts Indian Army’s compulsions in the in valleys are deftly marked by enemy At might have become superfluous for and supply perspectives where the AT the harsh environment and adverse to a bar on free speech itself. Isn’t democracy supposed to be about people mountainous border regions. The which makes air platforms easy targets moving guns but its requirements for was extensively used. The “Chindits” terrain should not be overlooked speaking their minds freely?The bench said that offering to improve the ground situation and the atmospheric for enemy’s ground attacks from the supporting the supply system can’t be of Wingate – Long Range Penetrations due to hubris born of an absolute lot of a minority community is not an appeal to religion, but this is sheer conditions in mountains need to be hidden locations. During Kargil brushed aside. In contact zones, the Groups (LRPG) – could produce faith in the technology. The notion sophistry. In many parts of Karnataka today, Muslims are being urged to assimilated for fighting a successful conflict, Indian military lost an aircraft AT alone makes a time-tested, operational success in most difficult that constant elements of climate vote for the Congress?en bloc?as the BJP is seen as antithetical to their war there. Except for a few plateaus, and a helicopter to Stinger missiles versatile, and dependable contingent situations with the support of the AT, and geography of mighty Himalayas interests. The appeals are not about giving Muslims better education or the high-altitude areas along the within first two days of the air assault. for logistic support to meet dire needs even while facing severe losses in can be altered by technology need job opportunities. The underlying appeal is for Muslims to not vote for a mountainous borders are segmented The US military lost five of the seven of the infantry. In modern wars the initial phases. Again, prior to 2001, to be reviewed with objectivity of the Hindu party. But even more important, whatif the issues bothering sections into restrictive valleys and formidable superior quality Apache helicopters load on the infantry soldier has when the US launched its War on history and reality of the ground. The of the electorate do not relate to jobs or education, but religious (or ridges. The terrain varies widely from fitted with anti-missile systems to direct increased manifold. AT remains Terror in Afghanistan, their military cascading effects of modernisation caste) identity?On what basis can the law, or courts, say that identity issues barren to densely forested, from hits with Grenades and Machine Guns crucial for hauling sub-Unit support planners had already done away with and management of teeth-to-tail ratio cannot be relevant in an election? Can one arbitrarilydecide that only extremely rocky to glaciated. Indian from Al Qaida during Operation weapons and the related loads, training of their troops on AT being in recent decades have already education and jobs and health are legitimate, and not anything else? Aren’t Army occupies the leeward side of the Anaconda in Afghanistan. Soviet maintaining stealth, preserving confident that technology had then impacted the AT contingent. Also, right-wing parties rising in Europe due to fears of being swamped by Muslim mountain ranges. The lower ranges military too lost there more than one soldiers’ stamina for further rendered the AT obsolete. Yet again, there is a need to factor-in the immigrants? If these issues can be raised fearlessly in those democracies, rising from the plains receive high hundred aircrafts and three hundred manoeuvres. The AT replenishes they had to adapt quickly to blend strength of troops raised for the the only right way to combat it is through other parties speaking in different levels of rainfall in the monsoons. helicopters to ground attacks from soldiers’ daily needs of food, water technology with the antiquity of AT. mountains during this period. voices. It is foolish to pretend that the same issues can’t be raised in These lower ranges are largely Mujahideen. The aerial supply system and ammunition during hot war; and Accordingly, they adjusted, coached Provisioning of AT, moreover, is a India.And if a party appeals for votes in the name of freeing temples from unstable and extremely prone to the also exposes own positions for enemy the porters complement as per the their troops on handling animals, slow process as it takes five years to state control, would it be an appeal in the name of religion? Article 123(3), landslides. The accessibility up to axis attacks. These vulnerabilities and situation. The AT makes a reliable procured the Native stock and packed get an AT contingent operational even in fact, goes well beyond just banning appeals to religion, language and in many of the sectors has been limitations restrict role of helicopters transportation mode during their way to the war. Thereafter, the when commensurate breeding and caste, and says that even use of national symbols (like the flag or emblem) enhanced through newly constructed in logistics up to dumps and bases, interdiction of supply lines due to AT remains a constant feature of their training infrastructure is available. is not acceptable. Key emotive issues in the Karnataka election are Kannada roads, but so has increased the only in the depths from frontline. Even enemy actions and in other training. Even the experiences of Problem is further compounded due (versus Hindi, which is about language), promoting a new state flag ferocity of rains causing disruptions. much talked about Drones also eventualities. Nonetheless, aside from Indian Army pertaining to to non-availability of the desired (symbols) and redesignating Lingayat as non-Hindu. (Religious identity) In the higher reaches nearer the confront similar adversities. Moreover, apparently sounding unglamorous appreciation towards its requirements stock from civil due to decline of If the provisions of this article are implemented in letter and spirit, most watershed the areas have frigid they are yet to be tried anywhere for and primitive, the AT has some real of AT has not been much different. equine population in the country, as candidates in most parties should be disqualified. The only things to ban temperature, rarefied atmosphere, maintaining supply lines in hot-war disadvantages of its own. Not only it Prior to Kargil conflict, a considered confirmed by successive livestock are appeals for hatred against some community or the other, and calls for and intense solar radiation with zones. is cumbersome to manage view had then emerged that the censuses. Thus, there is a need to violence against some groups of citizens. In some respects, the RPA is also treacherous and rapidly changing The terrestrial supply system is administrative needs of animals in requirements for the AT had become maintain the AT contingent at a restriction on free speech. weather, ranging from thunderstorms, equally fraught with limitations in remote areas, even the deployment minuscule due to the advancements. appropriate levels, and also to blizzards, blinding sun to dense fog mountains. Military history is replete of AT turns inefficient at times, Veritably, a decision to do away with include the additional requirements which can isolate from outside world with experiences wherein the particularly when the supply chain most of the AT contingent had also as envisaged integral to the accretive for long periods. The unfolding conditions of roads and countryside in grows, turnaround distance increases consequently been taken. But the need Forces. The precious resources of JUSTICE CHELAMESWAR climate change is likely to deteriorate mountainous battlefields frequently beyond a day, and the mules have to for the AT was felt inescapable in the breeding and training bases for AT the situation further. turned to such that it often became ferry their own forage. The effective conflict, and in view of the lessons held with Army ought to be preserved The terrain and atmosphere virtually impossible for vehicles to payload carried by AT then reduces learned, the decision had to be at proportionate levels to maintain WANTS TO RETIRE overwhelmingly constraint military maintain the supply lines in contact drastically. However, militaries across reviewed thereafter. During recent the supply lines of the precious stock. operations in mountains by limiting zones. Even specially designed vehicles the world have used the AT discourses in Indian Army’s context, Also, there is a need to promote mobility, manoeuvrability, and the fail to move over the hazardous trails consistently in mountains despite AT’s many calls have resurfaced to Equine breeding in border areas for approaches; men’s stamina declines, and slopes which the infantry inherent drawbacks and despite many replace the AT with technology for meeting the operational needs of WITHOUT ANY FANFARE equipment degrades, and logistical embraces for its manoeuvres. In recent of these militaries even being much logistic support. Drones for Indian Army. Recreating at short After setting off a chain of events which culminated in a five-judge bench needs increase. Failure to adapt to the attempts to search for the solution, advanced technologically. delivering logistic requirements notice will not be feasible. . INAV of the Supreme Court dismissing as withdrawn a petition challenging the dismissal of the CJI’s impeachment motion, Justice Jasti Chelameswar wants to fade quietly into the night. With just a week left as a judge, he has refused to attend a traditional farewellof the Supreme Court Bar Association. Although he will retire on?June 22,?May 18?is his last working day. It was BENGAL IS THE LAST BATTLEGROUND FOR BJP Chelameswar, who was forcing CJI Dipak Misra to upload collegium resolutions on the website about aspiring judges. Chelameswar would have A defeated Mamata will have ramifications been the 45th CJI if the 38th CJI S.H. Kapadia had not delayed elevating nationally. him tothe apex court. But Kapadia took his secrets to the grave which may The BJP, of course, has an Achilles heel: lack have been why Chelameswar boycotted collegium meetings. It was of a chief ministerial face. It will again rely on Chelameswar who declared at a press conference on?January 12?that the Prime Minister Narendra Modi to counter four senior most judges did not want to “sell their souls” and that Mamata Banerjee’s waning popular appeal, “democracy was in danger.” After that, the four “rebel” judges were following corruption scandals and the sidelined by CJI Dipak Misra, who heard sensitive matters by benches Trinamool’s gratuitous violence. There is a headed by himself or other benches where the four senior “rebels” were precedent though. In the 2017 Uttar Pradesh excluded. On May 9, Justice Arun Mishra lashed out at lawyers for targeting election, the BJP campaigned without a chief apex court judges inside and outside the court. Chelameswar alleged it ministerial face and chose Yogi Adityanath after was Justice Arun Mishra who had close links with the BJP just as Jusice L. its landslide win. The second key Assembly Nageswara Rao enjoyed “unwarranted intimacy” with A.P. chief minister election in 2021 is Assam. The BJP has lost N. Chandrababu Naidu. During his nearly seven years in the apex court, ground over the botched National Register of Justice Chelameswar created a lot of enemies, which was obvious when he Citizens (NRC) conducted in Assam in 2018-19 did not attend the farewell of former CJI T. S. Thakur. He has workedwith under the supervision of the Supreme Court. The seven CJIs from 2011 to 2018, including Altamas Kabir and P Sathasivam, alliance between the Congress and the AIDUF, who were controversial. It was during CJI Thakur’s tenure that Chelameswar led by the controversial Muslim cleric Badruddin boycotted collegium meetings due to opacity.Although there are paeans of Ajmal, will pose a challenge to Sarbananda praise sung for CJI Dipak Misra, there is no doubt that by declaring “there Sonowal’s government. With the Assam NRC was nothing wrong in the executive rejecting the name of chief justice K M discredited and abandoned, and a new NRC still Joseph”, CJI Dipak Misra meekly toed theline of the Modi government. being formulated, the linguistic and ethnic Just as a former CJI, T. S. Thakur, wept like a child before Narendra Modi fissures between Bengali-speaking Assamese in public, these CJIs did not oppose Modi while selecting judges. Perhaps, migrants from Bangladesh and local Assamese all these events prompted Chelameswar, Kurien Joseph and Madan Lokur speakers make Assam a hotbed of contesting to call for a full-court meeting to discuss the “future of the Supreme Court”. identities over religion, language and ethnicity. It isperhaps unprecedented that a CJI, who is declared as the master of the Two important battles, meanwhile, loom in the roster and the “sole repository of the Constitution” has set up a five-judge south: Tamil Nadu and Kerala. The Congress will Constitution bench to hear an impeachment motion against hope to recapture Kerala from the Communist himself.Normally, a two-judge bench or a three-judge bench refers a matter government that has been rocked by a series of which requires interpretation of the Constitution to the CJI, who then sets corruption and other scandals. up a five-judge bench, which needs some of the 13 benches to be split. The proximity of these scandals to Chief But, if the CJI is himself being impeached, propriety would require that Minister Pinarayi Vijayan has eroded his authority. his functions be exercised by the senior most judge, who in this case, The Congress-led UDF will extract full toll. It is happens to be Justice Chelameswar. As he addressed a press conference, likely to maintain Kerala’s tradition of swapping which culminated in impeachment of the CJI, the latter thought it fit to power in the state with the Left Democratic Front exclude him and the entire collegium from hearing the impeachment every five years. BJP remains a bit player in Kerala motion due to a perceived conflict of interest. But judges, being judges, where Muslims and Christians form 45 per cent are seen to be neutral when deciding matters of grave importance, like of the population. Meanwhile, Tamil Nadu the impeachment of the CJI. So, bypassing the entire collegium and setting presents a mixed picture. The entry of Rajnikanth’s up a five-judge bench comprising the sixth to tenth in seniority is new party has the potential to garner 15-20 per unprecedented although lawyers claim this proves the CJI’s neutrality. Be cent vote share. Sasikala’s early release from that as it may, lawyers like?Kapil Sibal?are entitled to know whoset up the prison in January 2021 will complicate matters bench, more so when Chelameswar agreed to give his decision on the for the largely faceless AIADMK. Rajnikanth’s party impeachment motion on May 8. The undue haste to bypass Chelameswar could well form a pre-poll or post-poll alliance so that the CJI exercises his prerogative as “master of the roster” is with the BJP-AIADMK front. That would be a game- inappropriate.After Dipak Misra demits office in October, whether Ranjan SONDIP BHATTACHARYA with his young family, to Bombay (as it then was). 70 per cent Hindu vote. In the 2019 Lok Sabha changer and throw the election wide open. The Gogoi will be sworn in as the next CJI will be watched with bated breath. Four states go to the polls in the spring/summer So did dozens of other industrialists. The Left elections, the strategy helped it win 40.64 per two Dravidian parties have historically shared After him, the 47th CJI in-waiting is Justice Sharad Arvind Bobde, who of 2021: West Bengal, Assam, Tamil Nadu and assumed power in 1977 and damaged Bengal’s cent vote share, just a sliver behind the TMC’s power between them. The late Jayalalithaa broke comes from a Nagpur-based lawyers’ family as he is the grandson of a Kerala. Bengal will, however, be the most economy further. Violence was mainstreamed. 43.69 per cent, and 18 of Bengal’s 42 the cycle by winning successive Assembly elections lawyer and son of Arvind Bobde, a former advocate-general of Maharashtra incendiary. Chief Minister Mamata Banerjee is Chief Ministers Jyoti Basu and Buddhadeb parliamentary seats against the TMC’s 22. fighting both growing dissent within her party Bhattacharjee presented a liberal face to the Assembly elections obviously are fought on in 2011 and 2016. She died in December 2016, and a staunch Congressman. This judge’s elder brother practiced in the seven months later. Can a putative AIADMK-BJP Supreme Court and died in 2016. Nagpur is not only an RSS bastion but and a resurgent BJP. After 10 years of violence- world. But they presided collectively over 34 years different issues. But the gauntlet has been filled, corruption-tainted misgovernance by the of political violence and industrial stagnation. thrown. The Left-Congress alliance will divide alliance pull off a hattrick with the BJP as a junior has also produced several chief ministers, advocates-general and partner and Rajnikanth as a force-multiplier? The judges.?Justice Bobde will never go to the media as he is non-controversial. Trinamool Congress (TMC), West Bengal Mamata Banerjee copied the Left’s playbook when the TMC’s Muslim vote. Asaduddin Owaisi’s appears ready for a change. Bengal has had the the TMC took office in 2011 but Mamata was not AIMIM will split it further. In the 2019 Lok Sabha DMK-Congress alliance led by MK Stalin has the He will be succeeded by the 48th CJI N. V. Ramanna from Andhra Pradesh misfortune of being governed since satisfied. She injected a dose of virulent poll, the BJP led in 125 Assembly segments of momentum and the ground game. But until and the 49th CJI U. U. Lalit, who was the lawyer for BJP chiefAmit Shah. By Independence by three political parties communalism to capture the state’s 27.5 per cent the state’s 294 seats. It believes that in a four- Rajnikanth shows his hand, all bets are off. For opposing the elevation of chief justice K. M. Joseph, the BJP government Congress, the Left and Trinamool Congress all Muslim vote bank. It helped her win a landslide cornered fight with the Left-Congress, AIMIM the BJP though, it is West Bengal that matters. It has ensured that those whose ideology is doubtful, will never occupy of which have collectively ruined it. During the in the 2016 assembly poll. The BJP, no slouch at and TMC, it has a real chance of seizing power should keep in mind that the Nawab of Bengal, positions of power. The Supreme Court will never see an iconoclast like Congress’ long tenure, the state fell victim to counter-polarisation, has over the years breached in a state that could give it a lock on the east Siraj ud-Daulah, was betrayed by Mir Jafar in the Chelameswar again, who was a thorn in the flesh of CJIs T. S. Thakur, violent Naxalism. President’s rule was imposed Mamata’s defences, one by one. First, by drawing (Bihar, Bengal and possibly Odisha in 2024) battle of Palashee (Plassey) with Robert Clive in Jagdish Singh Khehar and Dipak Misra. Despite the paeans of praise for four times between 1968 and 1971. Industries away top TMC leaders like Mukul Roy with a little as well as the northeast. For the BJP, Bengal 1757. The British conquest of India began from CJI Misra and unkind words for Chelameswar, most of his actions were in fled Bengal. Aditya Birla, whose biography I nudge from investigative agencies. Others have represents the last frontier. It has set a target of here. The BJP would be wise to keep a watch on public interest which was why he prophetically declared when the judiciary wrote, told me that doing business in the lawless followed. Dissent within the TMC continues to winning 200 of the state’s 294 Assembly seats. modern-day Mir Jafars who lurk in the dark and the government are friendly, democracy is in danger. state was becoming impossible. He shifted, along simmer. The BJP has relentlessly targeted Bengal’s Like all targets, that is meant to fire up the cadre. recesses of Mamata Banerjee’s Bengal. INAV Published by C.V.L Ruata on behalf of Mizo Publication Pvt Ltd and printed at Sankha offset. Karatigram, Rongpur, Silchar-788009, Dist. Cachar (Assam) by Ashim Kumar Nath and Published from 119 Jail Road, Dawrpui, Aizawl-796001 (Mizoram). News Desk telephone nos.: 0389-2317485, 9435407674, Desk-In-Charge Sivashis Bhattacharjee (+919706261614). Editor: HARAN DEY, Mobile: 09435576259,9864764444