India for Indians: Enlarged EditionDas, Chitta Ranjan
History
India for Indians: Enlarged Edition
Das, Chitta Ranjan
India -- Politics and government -- 1919-1947
I will deal with the third clause first, because it admits in my
opinion of no discussion at all. Take all the arguments which had
been advanced by His Excellency's government; accept them all. And
even then there can be no justification for the present policy of
the Government. (Hear, hear.) Either there is evidence against these
interned persons or there is no evidence. If there is no evidence
against them there is an end of the matter at once. And if there is
evidence against them, what justification can there be in not bringing
them to trial? It only makes people suspicious that there is not
sufficient evidence against them. If there is sufficient evidence what
justification can there be, I repeat, in not placing them instantly
before a court of justice for trial? The argument that the present
machinery of justice is insufficient is an argument which no body
believes. I say it will be a dangerous thing if the idea goes abroad
that people are kept in jail, in police custody without being brought
to trial, while the Government has evidence against them. I say it will
be a dangerous thing if this idea goes abroad, because people will at
once come to the conclusion that probably there is no such evidence
which can secure conviction in a court of justice. I cannot conceive of
a more dangerous consequence.
Let me now deal with the other clauses of the resolution. I am one of
those who never believe in tinkering in the matter of legislation.
Either this measure is just or unjust. If it is unjust, there can be
no ground for keeping it on the statute book. The Chairman has put
this case very clearly before you. He describes this Act as "lawless
law." (Hear, hear). I want you to fully realise the meaning of that
observation made by the distinguished chairman. I say that, behind
that observation lies the fundamental objection which we have got
against the Act. What is "lawless law"? Any law which is not based
upon justice, of which the object is not to serve and secure that
justice upon which the stability of society depends, must necessarily
be "lawless law." It is something which is put forward under cover of
law, which is not law, which offends again every principle of justice,
which is a negation of justice and therefore negation of law (cheers,).
We protest against this Act because it offends the fundamental rights
of man. (Hear, hear). To be taken and kept in custody for an indefinite
period of time without being told what evidence there is and without
being brought to justice according to the law of the land ('shame,
shame') is a denial of the primary rights of humanity. (Hear, hear.)
This is "lawless law" (prolonged cheers.)
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