Indian speeches (1907-1909) eBook

This eBook from the Gutenberg Project consists of approximately 149 pages of information about Indian speeches (1907-1909).

Indian speeches (1907-1909) eBook

This eBook from the Gutenberg Project consists of approximately 149 pages of information about Indian speeches (1907-1909).

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.

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Indian speeches (1907-1909) from Project Gutenberg. Public domain.