The Cuban Missile Crisis of October 1962 was one of the most dangerous events in the 20th century, nearly leading to a global nuclear war between the United States and the Soviet Union over the placement of Soviet missiles in Cuba.The Cuban Missile Crisis of October 1962 was one of the most dangerous events that the world saw in the 20th century. So, according to me, it was the most dangerous event after the WW2. Had that crisis not been averted by the two superpowers, namely the United States of America and the Union of Soviet Socialist Republics, I mean the USSR, the life in this planet would have disappeared and the world reverted back to the era of darkness. In this respect, I may remind you that what happened to this planet nearly 600 five course ago, when a giant meteor struck the planet and the dinosaurs had totally disappeared. Fortunately, better sense prevailed and the world was saved. So now I will discuss that event briefly. So, Cuba is a country that is very close to the source of the United States of America and surprisingly in 1959, the pro-American government was removed from power by two communist stalwarts. They were Che Guevara and Fidel Castro. That is known as the Cuban Revolution and the first Marxist government was established in the Northern Hemisphere, that too only few hundred kilometers away from Florida. And we all know that United States of America is reverted as the arch-rival of Marxism. So, after that Cuban Revolution, the United States of America did everything to out to remove to get rid of that communist regime, but the United States of America failed. I must say that Ernesto "Che" Guevara was not a Cuban, rather he was an Argentine doctor and an ardent follower of Marxism. But that is a separate topic. That Cuban Missile Crisis was unique in a number of ways. First, it featured calculation and miscalculation as well as direct and secret communication between the two superpowers. So, dramatic crisis, I mean that dramatic crisis was also characterized by the fact that it was primarily played out at the White House and Kremlin level with relatively little inputs from the respective bureaucracies that typically involved in the foreign policy process. That is another important point. At that time, United States of America and USSR were the two superpowers and the world was vertically divided into two blocks. The United States of America led the democratic capitalist block and the USSR led the socialist authoritarian block. Again, I am repeating you, the USA was leading the democratic capitalist block and the USSR was the undisputed leader of the socialist authoritarian block. So, many Western European states like Great Britain, a former superpower, France, West Germany, Italy, Spain, these states were the allies of the United States of America and already NATO was formed, I mean the North Atlantic Treaty Organization, to defend the communist aggression. So, as already been told, the several American attempts to overthrow the Fidel Castro regime failed and in July 1962, because Cuba was a Marxist state, naturally Cuba was an ally of USSR. So, Soviet Premier Nikita Khrushchev had a secret agreement with Fidel Castro and accordingly the USSR agreed to install several nuclear missiles in Cuba to target the mainland of the United States of America. So, several missile sites were constructed secretly in Cuba and American intelligence agencies discovered that the several Soviet transport planes, I mean the Soviet Ilyushin Il-28 bombers, were coming to Cuba from Europe. This cargo plane crossed the Atlantic and reached USSR and definitely the Americans were alarmed and did that was a warning signal. So, many cargo planes, I mean Soviet cargo planes, were taking off from Europe and they landed in Cuba. So that was an ominous sign. So, on September 4, 1962, for the first time the American surveillance flight discovered some suspicious construction site. So, on that day then American President John F. Kennedy issued a public warning against the introduction of offensive weapons into Cuba and on October 14, an American spy plane from high altitude, that was U-2 aircraft, took several pictures and those pictures clearly showed that the Russians were constructing several sites, I mean the offensive weapons reached Cuba and the Russians were secretly installing the intermediate-range ballistic missile and short-range range ballistic missile or medium-range ballistic missile capable of carrying nuclear warheads. That meant that those missiles could reach United States of America within few minutes with so many nuclear bombs to wipe out the lives of entire USA. So, USA security, I mean the American security, was at stake. So, President Kennedy realized that American interest and American security were gravely threatened by Russian action. So, Kennedy immediately summoned his closest advisors to consider options because America was left with no other option. So, President John F. Kennedy immediately summoned his closest advisors. Some advisors, including the Joint Chiefs of Staff, are good for an air strike to destroy the missiles, I mean missile sites, and followed by an full-fledged American invasion. But others favored only a strong warning and others advised the American President to send strong signals to USSR. But the President John F. Kennedy, who was a great diplomat, decided to adopt a middle course. So, on October 22, he ordered a naval quarantine of Cuba. I am again repeating, he ordered a naval quarantine instead of naval blockade because he knew that the declaration of blockade amounted to amounted to the declaration of war since the America and Cuba or the America and USSR were not in the state of war. So, no question of blockade. So, quarantine was issued but though quarantine is legally distinguished from blockade because once a blockade is declared, so under international law who is assumed a state of war. So, he instead of using the term blockade, he ordered the American Navy to go for quarantine. That meant the Cuban island that was encircled by American Navy and American submarines, frigates, destroyers, aircraft carriers encircled the Cuba and they were waiting for President green signal to strike. Already the Americans jets were on routine mission and and at any time they could strike the Cuban land. So, meanwhile President John F. Kennedy held several negotiations with then British Prime Minister and at that time Britain was America's closest ally and we also know that Britain was also a nuclear power and France was also a nuclear power. So, President Kennedy sent a letter to Nikita Khrushchev declaring that the United States would not permit offensive weapon weapons to be installed or to be delivered to Cuba and demanded that that the Soviet Union must dismantle the missile bases or the USSR be ready to face Americans retaliation. So that was the first in a series of direct and indirect communication between White House and Kremlin. The President also went on national television that evening to inform the public about the developments in Cuba. He categorically told that the Russians had already secretly installed nuclear-capable missiles in Cuba and within striking distance. This missile could be launched to target the American cities and Americans government would not remain a mute spectator and the potential, he also told about the potential global consequences if the crisis continued to escalate. That meant the world was heading towards Third World War and superpowers, I mean USA and USSR, at that time were so many nuclear weapons to destroy this planet several hundred times. We must not also forget that the major American allies like Britain and France also had several nuclear warheads. So, the world was heading towards a disaster, total disaster. The President's tone was stern and he evoked the Monroe Doctrine. He told that it shall be the policy of this nation to regard any nuclear missile launched from Cuba against any nation in the Western Hemisphere as an attack by the Soviet Union on the United States and that would naturally invite American retaliation, I mean unimaginable retaliation from USA and the Joint Ships of Staff, I mean Air Force, Navy and Army of USA, announced military readiness as the US naval forces began implementation of this quarantine and the plans accelerated for a military strike on Cuba. That meant the Americans were ready to strike Cuba. On October 24, Nikita Khrushchev responded to Kennedy's message with a statement that the US quarantine or blockade was an act of aggression and the Soviet ships bound for Cuba would be ordered to proceed. So, he totally disregarded the American quarantine and he told that Soviet ships with warheads, military equipments and other food grains, food products would be heading nevertheless. During October 24 and 25, some Russian ships, I mean some Soviet ships, turned back from the quarantine line and others were stopped by American Navy and after searching the Americans found that those ships contain no offensive weapon, only had food items. So, they were allowed to proceed. At that time, the American reconnaissance flight over Cuba indicated that Soviet missile sites were nearing operational readiness with no apparent end to the crisis in sight. The US forces were placed at highest possible alert and Strategic Air Command was already activated. On October 26, Kennedy told his advisors that only an American attack on Cuba could remove the missiles, but he also insisted on giving that diplomacy would be the first option to avert that crisis. So, on that day the crisis took a dramatic turn. A correspondent to White House told informed the President that he had been approached by a Soviet agent and suggesting an agreement could be reached in which the Soviet Union would remove their missiles from Cuba if the United States of America promised not to invade Cuba. The White House was seriously considering that back channel negotiation. Nikita Khrushchev sent Kennedy a message on that evening, which meant that it was sent in the middle of the night Moscow time. It is a long emotional message by the Russians that raised a specter of nuclear holocaust and presented a proposed solution, I mean resolution, that remarkably resembled what that American journalist reported earlier that day. If there is no intention, he said, doom the world to the catastrophe of the thermonuclear war, then let us not only relax the force pulling on the ends of the rope, let us make measures to unite that not. We are ready for this. Although Americans experts were convinced the message from Khrushchev was an authentic on next day Nikita Khrushchev sent another message indicating that any proposed deal must include removal of American Jupiter missiles from Turkey. I must mention that America already installed some modern nuclear missiles in Turkey and those missiles were within the striking range of Russian soils that.. The Soviet Union was already threatened also by America.So Russians demanded the withdrawal of Jupiter missiles from Turkey and in lieu of it they would be ready to dismantle their missile sites in Cuba. It was determined that Kennedy would ignore the second message and respond to the first one. That night Kennedy set forth in his message to the USSR a proposal for the removal of Soviet missiles from Cuba under the supervision of the UN. But it was also risky to ignore the second message. At Robert Kennedy then met secretly with the Soviet ambassador to the United States and indicated that the USA was planning to remove the Jupiter missiles from Turkey. The crisis was over but the naval quarantine continued.That means after Robert Kennedy's meeting with then USSR ambassador and both sides agreed to dismantle their missiles from the respective states.So we may call that the crisis was over but not yet fully over. The Cuban missile crisis stands as a singular event during the Cold War and that strengthened Kennedy's image domestically and internationally. So after that meeting of the both top leaders, I mean Robert Kennedy and USSR ambassador, the crisis was averted and the crisis was solved and Russians agreed to dismantle the missile sites and Americans also agreed to remove Jupiter missiles from Turkey. So Cuban missile crisis was a dangerous event and Kennedy's international stature had reached honorable level.So for the first time in the history of mankind two nuclear superpowers were almost on the brink of a war, a total war and the result would have been catastrophic.But fortunately better sense prevailed and we are still alive.

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Judicial Conundrum in India

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".