Following World War II, China underwent a bloody civil war resulting in a split between nationalist and leftist factions, leading to the establishment of the People's Republic of China and subsequent annexation of neighboring territories, raising concerns for India's borders, ultimately prompting India to secure Tawang under its control.So, the Democratic Republic of China, I mean when when China was ruled by Chiang Kai-shek, at that time China was an American ally or we may call it a staunch Western ally. So, China fought the Imperial Japan during World War II.But at the same time, another Chinese revolutionary leader, I mean a Marxist leader, Mao Zedong also launched an armed struggle to capture power.So, he was influenced by Russian Bolshevik revolution. So, he created his own red army with millions followers, with million volunteers, and he launched a long march to capture power.So, result was a bloody civil war between nationalist Chinese and leftist Chinese. So, definitely Americans and British supported the nationalist China, and after defeat of Japan, it was thought that the nationalist Chinese would be able to sustain for a longer period, but that did not happen.So, finally, the Mao Zedong's huge army entered into then Chinese capital Peking, now it is known as Beijing, in 1949.And on 1st October 1949, China was proclaimed as the People's Republic of China.And Chiang Kai-shek fled to today's Taiwan.So, China was officially splitted into two states.But the communist after seizing the power had adopted the policy of imperialism and expan I mean expansionist policy, what is known as at that time. So, today's Xinjiang, another Chinese province, Western province, basically the peoples of Xinjiang are not Chinese, rather they are the Turkic people and that province was annexed. Next the Chinese annexed Tibet. So, after annex after annexing Tibet the China became India's neighbor. For thousands years China was never a neighbor of India.So, once the Tibet was annexed and occupied by the Chinese, suddenly the Chinese became our neighbors. But the government of India at that time was not in a position to prevent Chinese policy of annexing Tibet because at that time India lacked the military capabilities, and without American support, it was not possible for India to defend Tibetans against Chinese army.I mean red army or what is known as I mean today's Chinese army is known as PLA, People's I mean, Liberation Army, PLA. So, PLA is the only army that remain loyal to the political party, not to the state. So, once the Tibet became a part of China, that to through force, the Indian state was alarmed.The next target would be Ladakh and NEFA, today's Arunachal.So, at that time Indian army was too weak to fight the Chinese, but NEFA was a part of India, that became a part of India after departure of British.But today's Tawang bound I mean now Tawang is a district of Arunachal. So, at that time Tawang was neither a part of India nor a part of Tibet, rather we may call it it was a Tibetan protectorate because Tawang had religious connection with Tibet. Because Tawang was even is a a holiest place of Buddhism, and we all know that the Tibetans are followers of Buddhism.And distance from Tawang to Lhasa is not so long, few hundred kilometers journey from Tawang, so anyone can reach Lhasa. So, Tawang was the most vulnerable part from India's point of view and naturally the Chinese set their eyes on Tawang because Tawang was not a part of China, I mean Tibet at that time, rather Tawang remain I mean at that time Tawang was a semi-autonomous region. The Tibetans sent some local Tibetan administrators to rule the Tawang because the Tawang monastery was also revered by the Tibetan Buddhist.So, Chinese were setting their eyes on Tawang at that time.The we did not have any intelligence agencies to provides us inputs.But fortunately one Parsi officer of Home Ministry, his name was some Rustamji.So, he immediately sent a letter to then Assam governor.So, from my memory I can say that his name was Jairamji Daulatji.In 1949 or 1950.So, the governor was instructed by the home secretary or a top level officer officer of that Home Ministry to take immediate steps to annex Tawang, to occupy Tawang, whatsoever. So, we all know that in August 1950, the Assam was devastated by a massive earthquake. At that time Arunachal, I mean today's Arunachal, at that time it was known as NEFA, though it was it was a centrally administered agency, but still it it was officially though it was centrally administered area, but still we may call that at that time the NEFA was a part of Assam. I mean the governor of Assam was also the governor of NEFA.So, Daulatramji was immediately asked to send a force to occupy Tawang or or to bring the Tawang under Indian flag.This man Major Ralegh Khating he was an army officer. At that time he was in Pasighat and he actually was I mean he was actually at that time engaged by the government to provide reliefs to the victims because the Pasighat was severely affected by that earthquake.So, Major Bob Khating was immediately ordered to reach Tawang with a small contingent of Assam Rifles troops. So, I must say I must share this valuable information with the you that Major Bob Khating was born in Senapati district of today's Manipur.He was a Tangkhul Naga and naturally he was a Christian and he actually served the British Indian Army and he fought the Japanese and INA. And he spent several months in Jorhat.Because at that time Jorhat was the main base of British army.So, Bob Khating led a small contingent of Assam Rifles, probably not more than 200 troops, and all were Gurkha soldiers.And at that time the road connection to Tawang was extremely poor. Practically there was no road connection.Despite so many odds against him, so many difficulties.So, after walking on foot probably he was required several weeks to finally in February 1951.So, he reached Tawang with his forces and the tricolor was hoisted and the residents of Tawang welcome him, I mean India, and the local Tibetan administrator fled and Tawang was brought into India's control and Tawang became a part of India. So, this man was forgotten, but later in 1990 he was given he was honored. Though now he is no longer with us, but his contribution would always be remembered just because he was a Naga and a Christian his contribution cannot be forgotten.Thank you.

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Hungarian revolution of 1956Is Revolution was also known as the Hungarian uprising, an attempted Rebellion against the communist government , that came into existence after the World War II. Hungry was an axis ally of Nazi Germany. The USSR occupied Hungary and April 28 government was established. Hungary became a satellite state of USSR. Soviet government was actually a totalitarian government. Hungarian people are descendants of Slavic and Huns. In disrespect remember the cruel rule Attila the Hun. The Hungerian revolution of lasted for l 15 days, until it was crushed by Soviet tanks. Several thousands hungarians lost their lives m several hundred Russians also lost their lives.On 23rd of October 1956, some University students appealed to the civilian population to protest against Russian authoritarian rule the domination of USSR in its geopolitical interest. At that time, Hungary was ruled by a Stalinist government. The students demanded reform on 16 points, but all the students were detained by security guards. The Hungarian people rose against the Communist Party and the secret police of Hungary. And the local communists and secret policemen were executed. A new government was formed under Imrey Negi, who was the liberal man. Under his leadership hungry had withdrawn from Warshaw pact. The new government agreed to hold new election, hungry was heading towards democracy.Initially the USSR agreed negotiate with the new government and accordingly delete Army withdrew. Russians apprehended Hungary embrace the Western block live by USA would be a big threat two dog communist block. So the Russians betrayed the hungarians and hungry was invaded by several Russian divisions. The Hungarian Army was no match before the might of Russian army and after Fierce resistance the hungarians were defeated. The free hungarians were expecting Western help but that did not come. Finally the new government was rendered useless the leaders were arrested and executive latter. The communist government again was installed in Hungary and hungry again became is satellite state of USSR . The Communist rule finally collapse in 1989 after destruction of Berlin Wall. Now Hungary is a Democratic state.

[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan v The State(1950,S.C.R.88) was a momentous case in the Constitutional history of India.Any discussion/ lecture on the Constitutional law is incomplete without first examining this case, whether critically or analytically.This case was decided at a time When the Country got independence from British rule and The Constitution of India had come into force,and more than it , for the first timea chapter on Fundamental Rights had been incorporated in the Constitution .The Supreme Court got a golden opportunity to interpret the Article 19,21 and 22 expansively against Executive or legislative power of the state.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Brief Fact of the case-A K Gopalan,a radical leftist of the Madras Province was detained under the Preventive Detention Act ,1950,and in fact he was detained for several times under the Act.Under Entry 9 of Union list ,the Parliament has the power to enact law on Preventive Detention.Though Preventive Detention is an anathema in modern time,it was justified as a necessary evil to protect the unity and integrity of the state.Even in Britain and America it was used only during the war time ,that too against suspected enemy aliens[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: A K Gopalan filed a habeas Corpus writ petition under Article 32 of the Constitution and challenged the detention ordering a wide ground that the Detention Act ,under which he was detained was void for violating Articles 19 and 21 and also on a narrow ground that it did comply with the requirements of Article 22.Article 22 prescribes certain procedural safeguards against it.Learned Counsel M K Nambiyar on behalf of Gopalan contended that the Detention Act 1959 violated Article 21 and was void on following grounds1.Personal liberty included the freedoms conferred by Article 19(1)(a) to (e) and (g) and the impunged act ( detention act) did not satisfy the test of Article 19(2) to (6).2.The Preventive Detention Act directly violated Gopalans right to move freely , because the freedom of movement is of essence of personal liberty.3.Article 19 (1) and 21 should be read together because Article 19 dealt with substantive rights and Article 21 dealt with procedural rights.4.The reference in Article 21 to Procedure established by law meant due process of law and the Act did not satisfy the requirements of due process of law.5.The word law in Article 21 meant not the state made law but jus naturale ,of the principles of natural justice.The law did not comply with the requirements of Natural justice[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: It will be seen that from 1 to 5 that the proposition that Article 21 applied to the Preventive Detention ,was the foundation of all the reasons,and learned Attorney General M C Seetlevad countered by contending that Article 22 was a complete code and Article 21 didnot apply to Preventive Detention law.All the questions raised some points of immense Constitutional importance and a Six Judge Bench comprising CJI H L J Kania ,Justices P .Shastri ,M C Mahajan,B K Mukherjee ,SS Das and Fazl Ali S was constituted to hear the matters .All the six judges delivered separate judgments after a lengthy hearings .Five learned judges( Fazl Ali dissenting) held that Article 19 did not apply to Preventive Detention thought the freedoms as a result of detention freedoms may be curtailed.Fazl Ali dissented and held that Preventive Detention was a direct infringement of Article 19 and was subject to Judicial review even it was narrowly construed The majority judges did not hold that Article 22 was a complete code ,so they disagreed with learned Attorney General contention and only M C Mahajan alone held Article 22 was a complete code on Preventive Detention.Fazl Ali dissented by holding that " No calamitous or untoward result would follow even if the Provisions of Penal code became justiciable".CJI Kania, and Justices Shastri, Mukherjee and SS Das held the concept of right to move freely throughout the territory of India was entirely different from the Concept of the right to personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: Except Justice M C Mahajan who held that Article 22 was a complete code, majority held that Articles 19 (1) and Article 21 did not operate in the same field, because Article 18 conferred rights only one citizens, article 21 conferred rights on all persons. Again if article 21 conferred only procedural rights then the most precious right the Right to life was nowhere found in our Constitution. Therefore the majority held that Article 21 also conferred substanrive rights also. It may be observed that far from holding that fundamental rights were mutually exclusive, Mukherjee held that a substantive law authorizing the deprivation of life must conform to the requirements of Article 20.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: CJI Kania, Justices Mukherjee and SR Das held that law in Article 21 had been used in the sense of State made law and not in the embodying the Principle of Natural Justice, and Procedure established by law meant a law made by Union Parliament or by State legislatures. Justice Shastri held that the law meant Positive or state made law and did not mean jus naturale, but the procedure meant well established criminal procedure. Justice Fazl Ali dissented by holding that whatever Procedure established by law may mean, and must include 1 . Notice 2.opportunity to be heard 3.impartial tribunal 4.orderly procedure. So according to fazl Ali a positive law must include jus naturale.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: The majority judges held that the Procedure established by law didnot mean due process of law as understood in United States of America. The report of Drafting Committe showed that the words Procedure established by law were substituted for the words without due process of law. Our founding fathers were well aware of its abuse by American judges during the New Deal period.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: So in this case, different views were expressed by different judges, so no common points emerged on the correlation of articles 19 to 20,21 and 22 or the meaning of the expression personal liberty.[10/10/2024, 8:51 PM] Sisir Kumar Gogoi: But Justice Fazl Ali dissenting points are regarded as one of the greatest dissents of all time. Justice R Nariman paid a rich tribute to Fazl Ali foresight by saying "simply takes our breath away".