India for Indians: Enlarged EditionDas, Chitta Ranjan
History
India for Indians: Enlarged Edition
Das, Chitta Ranjan
India -- Politics and government -- 1919-1947
"might issue a regulation applying, as here, to persons of hostile
origin or association, saying, 'Let such danger really be ended and
done with; let such suspects be shot.' The defence would be, I humbly
think, exactly that principle, and no other, on which the Judgments of
the Courts below are founded--namely, that during the war this power to
issue regulations is so vast that it covers all acts which, though they
subvert the ordinary fundamental and constitutional rights, are in the
Government's view directed towards the general aim of public safety or
defence."
"Under this the Government becomes a Committee of Public Safety. But
its powers as such are far more arbitrary than those as of the most
famous Committee of Public Safety known to history."
This is what one of the greatest of English Judges has said. Now,
gentlemen, we next come to these particular cases. Mr. Mahomed Ali,
as you all know--and if I have said more of him, you will pardon me,
because he was a friend of mine,--he was asked to give an undertaking.
He gave it but he said: "Subject to the injunctions of my religion."
They are all the facts which have appeared in the letter of his mother
whom judging from her letter, we all hold in deep veneration? Judging
from that letter it seems to me that Mr. Mahomed Ali was not released
because he would not give an unconditional undertaking, because he did
not say, "What ever the injunctions of my religion may be I give an
undertaking, the undertaking which you want." Well, gentlemen, I pause
for one moment and I ask you to consider according to what right or
what principle does the Government of this country or any government in
the world, ask a man to give up his opinion and his religion? Ought he
to submit to it? Is it not his duty to say at once, "I do not care what
you do but it is my religion, I stand on it and here in this sphere I
am a free man, You may hold my body imprisoned but my soul is in the
hands of God." Now gentlemen, exactly, that illustration was given by
this great judge in his judgment. His Lordship goes on to say:--
Public-domain text, read in full here on John Shaqi.
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