30 On the Bombay Police Act Amendment Bill : 1 27th April 1938 - Page 157

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*ON THE BOMBAY POLICE ACT AMENDMENT BILL : 1

Dr. B. R. Ambedkar ( Bombay City ) : Sir, I beg to move the following amendment to the Bill placed before us:

After sub-section ( 2B ) the following shall be inserted, namely :—

“( 2C )( i ) The Provincial Government may, if satisfied that the peace or public tranquility in the City of Bombay or in any part thereof is disturbed or is likely to be disturbed in consequence of a conflict between different communities or sections thereof or gangs or factions, declare, by proclamation (hereinafter referred to as “the proclamation of emergency”) in the Official Gazette that an emergency exists.

( ii ) A proclamation of emergency—

( a ) may at any time be revoked by a subsequent proclamation, and

( b ) shall cease to operate at the expiration of one month, unless before the expiration of that period has been renewed.

( iii ) After the Provincial Government has issued under clause ( i ) a proclamation of emergency, the Commissioner of Police, whenever it appears to him that the presence, movements or acts of any person in the City of Bombay is or are causing or calculated to cause danger or alarm, or that a reasonable suspicion exists that designs, calculated to disturb peace or public tranquility are entertained by such person, may by beat of drum or otherwise, as he thinks fit, direct such person so to conduct himself as he shall deem necessary in order to prevent the disturbance of the peace or remove himself to such place or places, by such route or routes, and within such time, as the Commissioner of Police shall prescribe

( iv ) Any person aggrieved by an order made by the Commissioner of Police under clause ( iii ) may appeal to the Provincial Government within ten days from the date of such order.

( v ) Subject to the appeal under clause ( iv ), an order made by the Commissioner of Police under clause ( iii ) shall be final.

( vi ) Nothing hereinbefore contained in this section shall require any police officer to disclose to the person against whom an order is made under clause ( iii ) or to the Court the sources of his information or any fact

*B.L.A. Debates, Vol. 3, p. 2425, dated 27th April 19