DRAFT CONSTITUTION 1025
Dr. Bakhshi Tek Chand (East Punjab : General) : You have agreed that the grounds of the detention will be communicated to the person affected and his explanation taken.
The Honourable Dr. B. R. Ambedkar : And he will also be given an opportunity to put in a written statement.
Dr. Bakhshi Tek Chand : Will you agree also to the other point to which I drew attention, namely, that as in the Madras Act, the explanation will be placed before the Board ?
The Honourable Dr. B. R. Ambedkar : All papers may be placed before him. That is what I say.
Dr. Bakhshi Tek Chand : All papers may not be placed before him. I have some experience. They will say that this is a very small matter. If you give him an opportunity to submit an explanation within a specified time, why do you light shy of incorporating this provision ? In sub-clause
(2) of sub-section (1) of section 3 of the Madras Act there is provision that the explanation will be placed before the Board.
The Honourable Dr. B. R. Ambedkar : That, I consider, is implicit in what I said.
Dr. Bakhshi Tek Chand : Why not make it clear ? It is not there in the Bombay Act or in the United Provinces Act.
The Honourable Dr. B. R. Ambedkar : As I stated, in the requirement regarding the submission of papers to the Advisory Board under sub-clause (a) is implicit the submission of a statment by the accused. If that is not so, I am now making a further provision that Parliament may by law prescribe the procedure, in which case Parliament may categorically say that these papers shall be submitted to the Advisory Board. Now I am not prepared to make any further concession at all.
Shri Mahavir Tyagi : Dr. Ambedkar will please give me one minute ?
The Honourable Dr. B. R. Ambedkar : Not now.
Shri Mahavir Tyagi : I want to know whether the detenus under clause (4), according to the law made by Parliament or by the provinces, will have the benefit of their case being reviewed by the tribunal ?
Sir, I want to know whether the detenus who will be detained under the Act which Parliament will enact under clause (4) will have the privilege of their case being reviewed by the tribunal proposed ?
The Honourable Dr. B. R. Ambedkar : My Friend Mr. Tyagi is acting as though he is overwhelmed by the fear that he himself is going to be a detenu. I do not see any prospect of that.
Shri Mahavir Tyagi : I am trying to safeguard your position.