Great Britain -- Colonies -- Asia -- Administration; India
Let us look at this seriously, because serious minds are exercised by
deportation, and quite naturally. On December 13 nine Indians were
arrested under a certain Indian Regulation of the year 1818, and they
who reproach us with violating the glories of 1215 (which is Magna
Charta) and the Petition of Rights, complain that 1818 is far too
remote for us to be at all affected by anything that was then made
law. Now what is the Regulation? I will ask you to follow me pretty
closely for a minute or two. The Regulation of 1818 says:--"Reasons
of State occasionally render it necessary to place under personal
restraint individuals, against whom there may not be sufficient
grounds to institute any judicial proceedings, and the
Governor-General in Council is able for good and sufficient reasons to
determine that A.B. shall be placed under personal restraint." There
is no trial; there is no charge; there is no fixed limit of time of
detention; and in short it is equivalent to a suspension of _habeas
corpus_. That is a broad statement, but substantially that is what it
is. Now I do not deny for a moment that if proceedings of this kind,
such as took place on December 13 last year, were normal or frequent,
if they took place every day of the week or every week of the month,
it would be dangerous and in the highest degree discreditable to our
whole Government in India. It would be detestable and dangerous. But
is there to be no such thing as an Emergency power? I am not talking
about England, Scotland, or Ireland. I am talking about India. Is
there to be no such thing as an emergency power? My view is that the
powers given under the Regulation of 1818 do constitute an emergency
power, which, may be lawfully applied if an emergency presents itself.
Was there an emergency last December? The Government of India found in
December a movement that was a grave menace to the very foundations of
public peace and security. The list of crimes for twelve months
was formidable, showing the determined and daring character of the
supporters of this movement. The crimes were not all. Terrorism
prevented evidence. The ordinary process of law was no longer
adequate, and the fatal impression prevailed that the Government could
be defied with impunity. The Government of India did not need to pass
a new law. We found a law in the armoury and we applied it. Very
disagreeable, but still we should have been perfectly unworthy of
holding the position we do--I am speaking now of the Government of
India and myself--if we had not taken that weapon out of the armoury,
and used it against these evildoers.
Public-domain text, read in full here on John Shaqi.
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