14. Army Bill - Page 127

110 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

which come under the jurisdiction of both military and civil courts.

Shri S. N. Sinha : My contention was that clause 70 of this Bill alone gives jurisdiction to the ordinary criminal courts in respect of specified cases.

Pandit Kunzru : There is this doubt in the minds of many hon. Members. If my hon. Friend Dr. Ambedkar will turn to clause 125 he will find that the opening words are: “When a criminal court having jursidiction is of opinion ........”. The question is what do the words “having jurisdiction” mean. Do they mean having jurisdiction under the ordinary criminal law of the land or jurisdiction under this Bill ? This is the question that troubles many hon. Members. If it is said that these words mean having jurisdiction under this Bill ........

Dr. Ambedkar : Under the ordinary law.

Pandit Kunzru : Then obviously clauses 69 debars the ordinary criminal courts from dealing with any criminal cases except those which fall under section 70. That is the real question.

Dr. Ambedkar : “Civil offence” has been defined on page 2 of the Bill as meaning “an offence which is triable by a criminal court” as distinct from a court martial.