z:\ ambedkar\vol-02\vol2-03.indd MK SJ+YS 21-9-2013/YS-8-11-2013 156
156 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
clause (8); the place of sub-clause (8) is that it comes into operation when the order is being considered by the Magistrate to see whether it is proper or not, that is to say, whether it was passed according to the procedure. One of the things that the Magistrate has to see is whether there was material before the Commissioner, because that is one of the conditions ; and in proving what the material was, the question may arise whether the Magistrate will have the right to compel the Commissioner of Police to disclose all information, including such as would lead to the identity of the person or property. This clause says that while giving evidence the Commissioner of Police may withhold such information as he may have and, which would lead to the identity of the person or property. That is the place of sub-section ( 8 ).
† Dr. B. R. Ambedkar: Sir, I would like to move this amendment, namely : —
For the words “hereinafter appearing” the following words shall be substituted : —
“and for the purpose of dealing with habitually dangerous characters and for the purpose of preserving public peace and tranquillity during communal riots.”
That is the amendment which I wish to move.
The Honourable the Speaker: I was just referring to the amendment of the honourable member the learned Doctor in which he had moved for the application of this Act to habitual offenders. I am inclined to the view that even this part of the amendment will be out of order in view of the decisions taken by the House.
Dr. B. R. Ambedkar: Sir, I would like to submit that the Bill, which is now before the House, has two-fold purposes, namely, one purpose is to deal with communal riots and therefore I submit that that part of my amendment which refers to communal riots is perfectly in order. The Bill also deals with certain provisions which are intended or calculated to deal with what in the terms of the Honourable the Home Minister, are regarded as mavalis and which I submit is translated by the words “habitually dangerous characters”. My amendment is merely intended to make clear the two-fold purpose which this legislation has in view. One purpose is to deal with communal riots and the other purpose is to deal with what are called “mavalis”. I submit, therefore, that my amendment is in order. If, however, that is objectionable, I am prepared to use the words “for the purpose of controlling the activities of “mavalis”.
The Honourable the Speaker: The difficulty about that will be that the word “mavali” is not defined in the Act. It is not an expression which is defined in any Act
Dr. B. R. Ambedkar: Sir, my submission is that the preamble is not
†B.L.A. Debates, Vol. 3, pp. 2630-34, dated 29th April 1938.