Now it is evident that after such legislation all liberty of speech and action becomes extinct. These recommendations will we fear directly lead to secret propaganda and secret action. Under the head of emergency punitive measures the committee recommends: Emergency Provisions for Trials. Coming now to the measures themselves, we are of opinion that provision should be made for the trial of seditious crime by Benches of three Judges without juries or assessors and without preliminary commitment proceedings or appeal. In short, the procedure we recommend should follow the lines laid down in sections 5-9 inclusive of the Defence of India Act. It should be made clear that section 512 of the Code of Criminal Procedure (relating to the giving in evidence under certain circumstances of depositions taken in the absence of an absconding accused) applies to these trials, it having, we understand, been questioned whether section 7 of the Defence of India Act has that effect. We think it necessary to exclude juries and assessors mainly because of the terrorism to which they are liable. But terrorism apart, we do not think that they can be relied upon in this class of cases. They are too much inclined to be affected by public discussion. We omit the detailed discussion of these provisions in which the committee has attempted to soften the sting of these recommendations by giving their reasons and by suggesting certain safeguards against their abuse. The most startling of their recommendations are however made under the head of emergency preventive measures. Emergency Preventive Measures. We have been forced to the conclusion that it is necessary, in order to keep the conspiracies already described under control in the future, to provide for the continuance after the expiry of the Defence of India Act (though in the contingent form explained and under important limitations) of some of the powers which that measure introduced in a temporary form. By those means alone has the conspiracy been paralysed for the present and we are unable to devise any expedient operating according to strict judicial forms which can be relied upon to prevent its reviving to check it if it does revive, or, in the last resort, to suppress it anew. This will involve some infringement of the rules normally safeguarding the liberty of the subject. We have endeavored to make that infringement as small as we think possible consistently with the production of an effective scheme.