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By:

Abhijit Joshi

31 August 2024 at 3:39:24 pm

Battle for the Bow and Arrow

The Shiv Sena dispute before the Supreme Court is no longer just about MLAs and symbols, but about what legally defines a political party. AI generated image The fight over the Shiv Sena has moved well beyond Maharashtra’s familiar political theatre. In the Supreme Court, the dispute has narrowed to a question that is less dramatic on the surface but potentially far more consequential: what exactly makes a political party a political party? Is it the elected strength of its legislators? The...

Battle for the Bow and Arrow

The Shiv Sena dispute before the Supreme Court is no longer just about MLAs and symbols, but about what legally defines a political party. AI generated image The fight over the Shiv Sena has moved well beyond Maharashtra’s familiar political theatre. In the Supreme Court, the dispute has narrowed to a question that is less dramatic on the surface but potentially far more consequential: what exactly makes a political party a political party? Is it the elected strength of its legislators? The organisation outside the legislature? The party constitution on record with the Election Commission? Or some combination of all three? That question lies at the centre of the legal battle between the factions led by Eknath Shinde and Uddhav Thackeray. Two Claims Senior advocate Neeraj Kishan Kaul, appearing for the Shinde faction, has defended the Election Commission’s February 17, 2023 decision, recognising the Shinde camp as the Shiv Sena and allotting it the bow-and-arrow symbol. The Thackeray faction has challenged that decision. The bench is also dealing with challenges connected to the Maharashtra Assembly Speaker’s January 2024 decision on disqualification petitions. The Thackeray faction, represented by senior advocates Kapil Sibal and Devadatt Kamat, has drawn a sharp distinction between the political party and its legislature wing. Its argument is a group of MLAs breaking away from the legislative wing does not automatically mean that the political party itself has changed hands. The party’s organisation, structure and identity cannot simply be equated with the numbers sitting in the Assembly. The Shinde faction says the dispute was never merely about legislators walking out. According to its argument, the rupture extended into the wider political organisation, with competing meetings, resolutions and claims of support from party workers and functionaries. The legislative split was, in its telling, only one visible part of a larger party-wide conflict. That distinction determines whether the Election Commission could legitimately intervene under Paragraph 15 of the Election Symbols Order and decide which rival faction represented the recognised political party. Kaul has argued that the Commission was entitled to consider the wider organisational dispute rather than treating the matter as a purely legislative rebellion. Constitutional Tussle The courtroom fight has also brought an old Shiv Sena document back into the spotlight. Kaul has relied heavily on the constitution placed on record with the Election Commission after the poll panel raised objections to the party’s earlier structure. The material before the court says the Commission had, in the late 1990s, pushed for a more democratic organisational structure, including changes to the manner in which party office-bearers were selected. The 1999 constitution subsequently went on record. The Shinde side says the 2018 constitution represented a significant departure from that structure. Its argument is that the later arrangement concentrated substantial authority in the party chief and relied extensively on nominated or appointed office-bearers rather than elected organisational bodies. It has also questioned why its leaders participated in the organisational structure created under the 2018 arrangement and did not object to it at the time. Kaul has further argued that the 2018 constitution relied upon by the Thackeray faction was not registered with the Election Commission, while the 1999 constitution was on the Commission’s record. This has become a significant element of the Shinde faction’s case. The Thackeray faction, meanwhile, has relied on the Supreme Court’s earlier Constitution Bench judgment in the Subhash Desai matter to reinforce the distinction between a political party and its legislature party. The earlier judgment’s discussion about not conflating the political party with its legislature wing arose in the context of questions such as who could appoint the whip. It did not, according to the Shinde side, mean that the Election Commission must ignore legislative strength altogether when determining which faction represents a recognised political party. The Shinde side has also invoked the Sadiq Ali case, arguing that legislative majority remains a relevant consideration in a party-symbol dispute. The case has therefore increasingly begun to look like a legal examination of the Election Commission’s decision-making process. The Thackeray faction has questioned the Commission’s jurisdiction and the basis on which it concluded that there was a party-wide split. Its challenge effectively asks whether the Commission went too far in examining the internal structure of the Shiv Sena. The Shinde faction argues that Article 324 gives the Election Commission broad powers and that, when two groups claim the same recognised party, the Commission has to examine the party constitution, organisational structure and available evidence to identify which group represents the party. The practical difficulty is obvious. The Election Commission cannot ask every Shiv Sena member whom they support. Nor can it conduct a referendum among every booth-level worker. Kaul has therefore defended the organisational-majority approach as a workable method of assessing cadre support through recognised organisational bodies and elected representatives. The Shinde camp has also brought the events after the 2019 Maharashtra Assembly election into the argument. Shiv Sena and BJP fought the election together, but the government subsequently formed under Uddhav Thackeray was with Congress and NCP. According to the Shinde side, that political realignment created discontent among sections of the Shiv Sena organisation and contributed to the eventual split. The Thackeray faction disputes the broader narrative and maintains that the legislative rebellion cannot simply be converted into proof that the political party itself changed hands. It has also challenged the Maharashtra Speaker’s decision not to disqualify MLAs from either faction. The Supreme Court has examined questions about what could follow if that decision were set aside, including whether consequential disqualification could arise under the Tenth Schedule. Party recognition and legislative disqualification arise under different legal frameworks. The Shinde side has argued that earlier cases concerning disqualification cannot simply be transplanted into the Election Commission’s determination under the Symbols Order. The real question is no longer simply who has more MLAs. It is whether those MLAs, the party organisation, the constitution and the cadre can legally be treated as parts of the same answer. (The writer is a political observer. Views personal.)

Growing Risks Of Cyber Warfare

Sep 22, 2024
3 min read

Updated: Oct 21, 2024

In a shocking series of events, multiple coordinated explosions have rocked Lebanon and parts of Syria, killing dozens of people and injuring thousands. The blasts occurred after explosive devices, hidden inside pagers and other radio communication devices, were detonated. The targeted individuals were primarily members of Hezbollah, with the explosions taking place in densely populated areas, resulting in widespread injuries to civilians, including children.

The devices, mainly pagers, walkie-talkies, and radios, had been in the possession of Hezbollah operatives, who had acquired them months prior, under the assumption they were secure. However, Hezbollah has accused Israel’s intelligence agency, Shin Bet, of tampering with the devices during transit.

According to security experts, Israel’s elite secret cyber warfare unit was behind the attack. This unit, known for its global cyber operations, is also linked to the creation of the STUXnet malware, which was responsible for the failure of Iran’s nuclear power plant. The pagers were rigged with explosive materials in place of a battery, and a relay switch was installed, allowing the explosions to be triggered remotely in a synchronized manner. The result was devastating injuries to the eyes, face, hands, and legs of those carrying the devices.

The incident occurred in Hezbollah-stronghold areas, including the Dahieh suburb of Beirut, southern Lebanon, and parts of the Beqaa Valley, with some explosions also reported across the border in Syria. The blasts overwhelmed hospitals, as hundreds of victims sought medical help for injuries ranging from severe burns to shattered limbs. The intensity of the explosions, far beyond that of ordinary battery malfunctions, indicates a highly sophisticated sabotage operation.

These explosions have not only deepened the crisis in Lebanon but have also raised critical questions about supply chain security, intelligence tactics, and the legality of using booby-trapped electronics in conflict zones.


What Are Pagers, and Why Are They Still Preferred?

Despite being old-school tele communication technology, pagers or beepers are still used in many countries, particularly in critical sectors and organizations. Pagers primarily facilitate one-way communication, pager uses higher frequencies than car radios i.e. 400 MHz band frequency. It also used a very basic type of VHF spectrum. These devices operate in restricted areas to transfer messages, alerts, and information. These devices are considered more secure and harder to trace or track compared to mobile phones, as they only receive messages, similar to a car radio that receives signals without revealing the listener’s identity or location. Additionally, pagers lack features like Bluetooth or GPS, making them more difficult to hack or compromise.

Among their many advantages, pagers are known for their long battery life and durability, making them ideal for continuous use in specific industries. There are an estimated two million active pager users worldwide. Hezbollah began using pagers after Israel successfully assassinated a high-ranking Hezbollah target by hacking his cellphone and precisely targeting him with a missile. Since then, many Hezbollah members have switched to more primitive communication devices, like pagers, to avoid being tracked via the internet.


Are Mobile Phones and Smartphones Similarly Vulnerable?

American and European security agencies suggest that, theoretically, it is possible to alter mobile phones and other smart devices to turn them into explosive devices. However, practically, it is more difficult due to the advanced security systems in modern smartphones. A hacked smartphone may exhibit various signs, such as abnormal temperature changes, slower system performance, unexpected reboots, odd sounds during calls, hung applications, or irrelevant messages and pop-ups, all of which could indicate tampering. These security systems make it more challenging to modify smartphones in the same manner as simpler devices like pagers.


New Security Challenges

The Hezbollah pager explosion serves as a wake-up call for sectors involving critical infrastructure and aviation. In an era where smartphones are network-connected and can be charged wirelessly, the possibility of tampering with batteries or embedding explosives, like HMX, PETN and other type of plastic explosives pose significant risks. During flights, even a minor explosion could result in catastrophic consequences. On the ground, the threat extends to damaging nearby aircraft, equipment, and infrastructure. Airport security may soon impose stricter regulations, potentially banning pagers, walkie-talkies, and radios, much like power banks, which are now restricted on flights. In the future, mobile phones may only be allowed in switched-off modes, placed in lithium-safe bags during flights. Suspicious devices could be handled separately in Faraday-sheet bags to block any network or signal connections.

This incident highlights the growing risks of cyber warfare and the dangers posed by everyday communication devices being exploited for sabotage. It is an alarming call for a nation’s security as the treat of such critical infrastructure being handled by terrorist organisations can compromise the use of day-to-day electronics for malicious activities. As technology advances, so must the protocols for ensuring public safety, particularly in high-risk environments where even the smallest vulnerability could lead to devastating consequences.

(The writer is an eminent cyber and explosives forensic expert. Views personal.)

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