1026 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The Honourable Dr. B. R. Ambedkar : I will now deal with certain miscellaneous suggestions made.
Pandit Thakur Das Bhargava : What about the safeguards regarding cross-examination and defence ?
The Honourable Dr. B. R. Ambedkar : The right of crossexamination is already there in the Criminal Procedure Code and in the Evidence Act. Unless a provincial Government goes absolutely stark mad and takes away these provisions it is unnecessary to make any provision of that sort. Defending includes cross-examination.
Pandit Thakur Das Bhargava : They even try to usurp power to this extent.
The Honourable Dr. B. R. Ambedkar : If you can give a single instance in India where the right of cross-examination has been taken away, I can understand it. I have not seen any such case.
Sir, the question of the maximum sentence has been raised. Those who want that a maximum sentence may be fixed will please note the provisions of clause (4) where it has been definitely stated that in making such a law, Parliament will also fix the maximum period.
Pandit Hirday Nath Kunzru : The word is ‘may’.
The Honourable Dr. B. R. Ambedkar : ‘May’ is ‘shall’.
Pandit Hirday Nath Kunzru : Parliament may or may not do that.
The Honourable Dr. B. R. Ambedkar : That is true, but if it does, it will fix the maximum.
Another question raised is as regards the maintenance of the detenus and their families.
Shri Jaspat Roy Kapoor : What about periodical reviews ?
The Honourable Dr. B. R. Ambedkar : I am coming to that. That is not a matter which we can introduce in the Constitution itself. For instance, it may be necessary in some cases and may not be necessary in other cases. Besides, clause (4) gives power to Parliament also to provide that maintenance shall be given.
Personally, myself, I think the argument in favour of maintenance is very weak. If a man is really digging into the foundations of the State and if he is arrested for that, he may have the right to be fed when he is in prison; but he has very little right to ask for maintenance. However, ex-gratia Parliament and the Legislature may make provision. I think such a provision is possible under any Act that Parliament may make under clause (4).