1024 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
clause (a) the executive would be required to place before the Advisory Board all the papers connected with the case which have led them to detain the man under preventive custody.
The pointed question has been asked whether the accused person would be entitled to appear before the Board, cross-examine the witnesses, and make his own statement. It is quite true that this subclause (a) is silent as to the procedure to be followed in an enquiry which is to be conducted by the Advisory Board. Supposing this subclause (a) is not improved and remains as it is, what would be the consequences ? As I read it, the obtaining of the report in support of the order is an obligatory provision. It would be illegal on the part of the executive to detain a man beyond three months unless they have on the day on which the three months period expires in their possession a recommendation of the Advisory Board. Therefore, if the executive Government were not to place before the Advisory Board the papers on which they rely, they stand to lose considerably, that is to say, they will forfeit their authority to detain a man beyond three months.
Therefore, in their own interest it would be desirable. I think necessary, for the executive Government to place before the Advisory Board the documents on which they rely. If they do not, they will be taking a very grave risk in the matter of administration of the preventive law. That in itself, in my judgement, is enough of a protection that the executive will place before it.
If my friends are not satisfied with that, I have another proposal and that is that, without making any specific provisions with regard to procedure to be followed in sub-clause (a) itself, to add at the end of sub-clause (4) the following words :—“and Parliament may also prescribe the procedure to be followed by an Advisory Board in an enquiry under clause (a) of the proviso to clause (3) of this article,” I am prepared to give the power to Parliament to make provision with regard to the procedure that may be followed by the Advisory Board. I think that ought to meet the exigencies of the situation.
Sir, these are all the amendments I am prepared to make in response to the criticisms that have been levelled against the different parts of the article 15A.
I will now proceed to discuss some miscellaneous suggestions.
Shri Jaspat Roy Kapoor : In that case, probably sub-section (b) of the proviso to clause (2) will go ?
The Honourable Dr. B. R. Ambedkar : Nothing will go.