HC Deb 28 March 1927 vol 204 c837
11. Mr. THURTLE

asked the Under Secretary of State for India if he is in a position to make any statement regarding the new decisions which have been taken recently on the subject of the release of detenus under Regulation III and the Bengal Criminal Ordinance Act?

Earl WINTERTON

I am circulating in the OFFICIAL REPORT the text of a statement made a week ago by the home member of the Government of India in the Legislative Assembly which explains fully the policy now being pursued, and the action taken in pursuance of it.

Following is the statement:

Bengal Detenus.

STATEMEXT made in the Legislative Assembly on 21st March, 1927, by Sir Alexander Muddiman on behalf of the Government of India. The Policy of the Government regarding those who have been detained under Regulation III, or the Bengal Criminal Law Amendment Act, in connection with the Bengal revolutionary conspiracy, has been and still is that the detention of no man should last longer than is essential in the interests of the public safety. The Government are convinced that a terrorist conspiracy is still in active existence, and that consequently it is not possible to take steps in the direction of the release of those about whom there is no reasonable doubt that they would utilise their liberty to resume their previous activities. They are, however, anxious to pursue as quickly as possible the gradual release of individuals whose conduct gives reason for hoping that they will not abuse their liberty. The Bengal Criminal Law Amendment Act provides for a considerable degree of elasticity in the treatment of those who are dealt with under it, and enables the Government to transfer from gaol to less strict forms of supervision persons whose past record and present conduct would not justify their unconditional release. Individuals of this class may be directed to reside in a particular village or in their own homes. The practical results of transferring men in this manner to village or home domicile are carefully watched, and the Government are enabled to observe whether action taken is justified by events, and thus to determine the possibility of the further extension of such action. In order to show what has been done in the direction of discriminating the treatment of detenus, I may mention that, out of 171 persons dealt with under the Bengal Criminal Law Amendment Act from the beginning, 75 have been placed in village domicile and 13 in home domicile, while 26 have been released. The number now remaining in gaol is 64. Of those arrested under Regulation III, 31 were subsequently transferred to the Bengal Criminal Law Amendment Act, and are included in the figures just given. Sixteen at present remain in gaol under the Regulation. In the last 2½ months the Government of Bengal have issued orders for the transfer of 19 detenus from gaol to village or home domicile under the Act, and have released seven. The Government of India have also had under review the case of those who are still detained under Regulation III. They are considering the case of one of these State prisoners on medical grounds. In respect of four others they are satisfied that detention in gaol is no longer necessary, and they are, therefore, cancelling the warrants under Regulation III, so that action may be made to bring them under the Bengal Criminal. Law Amendment Act with a view to their transfer to village domicile. It must be understood that the practical results of this action, as exhibited in the conduct of the men thus placed in village or homo domicile, require the constant attention of the Government. If it is ascertained that such men are reverting to terrorist conspiracy, Government will not hesitate to deal with them again under their powers.