HC Deb 21 February 1927 vol 202 cc1364-6
2. Mr. THURTLE

asked the Under-Secretary of State for India if he is now in a position to indicate the result of the communications of his Department with the Government of India regarding the prisoners in India who have been detained for over two years without trial under the Bengal Criminal Ordinance Act?

Earl WINTERTON

The upshot of the very full examination which this matter has received in the last few months has been publicly announced recently in India by the Governor-General in his address to the Indian Legislature, on 24th January, and by the Home Member speaking on behalf of the Government of India and the Bengal Government in the Debate which took place in the Assembly a few days later. Put as shortly as possible, the policy agreed upon by the Government of India and the Government of Bengal is this: The sole object of the Government in using the special powers which this Act gives them is to prevent terrorist outrages, and they desire to keep no one under restraint a day longer than is necessary to secure teat object. Their policy is accordingly to relax restrictions and where possible to release as and when this becomes feasible with safety to the public. But, since the conspiracy to commit these outrages has not been suppressed, before releases can be sanctioned the Government must be satisfied that those released would not employ their freedom to engage in terrorist outrages. This postulates an undertaking, which would not involve any humiliating admission as regards the past. Such an undertaking, if given, would be an important factor in the Government's decision, hut could not of itself be accepted as automatically ensuring release.

Mr. THURTLE

Do I understand that the Noble Lord is now inviting these detenus to give an undertaking that they will not participate in any method of violence in future?

Earl WINTERTON

I think the hon. Gentleman can draw his own deductions from the answer.

Mr. THURTLE

Is the Noble Lord aware that at least one of these prisoners is in a very dangerous state of health—I refer to Mr. S. C. Bose—and is it the intention of the Government to murder that man?

Mr. JOHNSTON

In the phrase used by the Noble Lord to the effect that he would not require from them any humiliating admission with regard to the past, does that mean that they are to make any statement of any kind that they have participated in terrorist agitation in the past?

Earl WINTERTON

No; what I intended to convey by those words was that the undertaking would be an undertaking with regard to the future.

Mr. JOHNSTON

Does the phrase used by the Noble Lord mean that any detenu has to make any admission regarding participation in terrorist agitation in the past of any kind?

Earl WINTERTON

No; the exact opposite is what I intended to convey. What I intend to convey is that the undertaking which will be sought from the particular detenu will be an undertaking not to engage in terrorist organisation or activities in future.

Colonel WEDGWOOD

Is it not obvious that the Government, both in India and here, want to find a way out of the difficulty in which they are, and would it not be better for the Government to take the first step, rather than keep these people in prison simply because on a point of honour they will not say they will not do it in future?

Mr. SPEAKER

That is in the nature of a speech.