HC Deb 16 February 1938 vol 331 cc1891-4
Mr. Benn

(by Private Notice) asked the Under-Secretary of State for India whether he can make a statement on the resignation of the Ministries in Bihar and the United Provinces?

The Chancellor of the Duchy of Lancaster (Earl Winterton)

I greatly regret that the Ministries in the United Provinces and Bihar, which, since they took office in July of last year, have administered the Government of two important Provinces with prudence and moderation, have found it necessary to resign. Their resignation arose out of the policy they proposed to pursue in connection with the release of so-called political prisoners. It had been an important feature of the programme of Congress Ministries in all Provinces to secure the release of all prisoners convicted of crimes which were considered to be actuated by a political motive. The Governors of the Provinces in which there have been Congress Ministries had, after consultation with the Governor-General, found themselves able to accept the proposals of their Ministries for the release of a substantial number of such prisoners, having satisfied themselves, after examination of each individual case on its merits, that no menace to the peace and tranquillity of the Province was involved. In the United Provinces 14 political prisoners had been released in this way, and in Bihar 15, but there remain 15 more in the United Provinces and 26 in Bihar, some of whom had been convicted of serious crimes of violence. The Governors were fully prepared to deal with the cases of the remaining prisoners on the same basis of individual scrutiny, but the Ministers in both Provinces were no longer content with this procedure, and proposed to release forthwith the whole of the remainder of the so-called "political" prisoners in their Provinces without regard to the nature and circumstances of their crimes.

The Governor-General, upon whom the Act has placed a special responsibility for preventing any grave menace to the peace and tranquillity of India or any part thereof, after the most anxious consideration, decided that he could not agree to the immediate and indiscriminate release of a body of legally convicted prisoners which includes dangerous terrorists with very bad criminal records. He is satisfied, and my Noble Friend is in full agreement with him, that adoption of the proposal of the Ministers in these two Provinces would be attended by the gravest risk to the peace and tranquillity of India. It is clear that unconditional acceptance of the doctrine that crimes of violence, if actuated by a motive that can be described as "political"—and this description might well be regarded as covering communal activities—need not be subject to the penalties prescribed by the law of the land and imposed in the due course of justice, must strike at the very root of law and order in India. Even if there were some Provinces in which the effects would not immediately be felt, in the end the basis of good government everywhere would inevitably be dangerously impaired. The Governor-General accordingly felt bound to use the power conferred on him by the Act, and directed the Governors of the United Provinces and Bihar to refuse their assent to their Ministers' proposal. The Ministries thereupon tendered their resignation.

Mr. Benn

May I ask the Prime Minister, first, whether he does not agree that it would be very unwise not to do everything we can to avoid a constitutional crisis in India; and, secondly, whether, inasmuch as the responsibility for all these decisions rests entirely on this House, because the Governors are exercising powers for which we are re sponsible, the Minister will give us a full statement, including the statements of the Congress Ministries themselves, and also a catalogue of the crimes of which these prisoners were convicted and on what dates?

Earl Winterton

Of course it is my duty, on behalf of the Secretary of State, to afford all possible information to the House, and I quite appreciate the point that the right hon. Gentleman has made, but I would deprecate making any attempt to anticipate the future course of events. These Ministries have only just resigned, and it is possible that other Ministries may be formed. I should like to add that the Governor-General took action himself in pursuance of his own statutory duty.

Mr. Benn

May I ask the Prime Minister whether it is not a fact that this House, in the Statute, deliberately assumed responsibility for these matters? While I agree entirely with the Noble Lord that precipitate action might do much harm, is it not the duty of the Government to see that we, who have to decide, are put in possession of the fullest information from both sides?

The Prime Minister

My right hon. Friend has just promised to do such a thing.

Miss Wilkinson

Is it not a fact that the whole situation under which these prisoners were convicted was due to their objection to an alien rule? [HON. MEMBERS: "Oh!"] Well, most of them.

Mr. Speaker

The hon. Member must not raise the question of the merits of the convictions of these prisoners. We cannot consider these at Question Time.

Miss Wilkinson

On a point of Order. I wanted only to raise the point in view of the very ex parte statement which has been made by the Minister. Is it not a fact that the change in rule—the character of the rule—in this country makes all the difference in the attitude of these men to the Government?

Mr. A. Bevan

When will this information be given?

Earl Winterton

I am sorry if I gave the impression that I would not afford the House the fullest information. I quite appreciate that it is my duty to do so. All I said was that I would deprecate any attempt to anticipate the future course of events. Certainly, I shall be prepared to ask my Noble Friend to lay papers or, if necessary, publish a White Paper on the subject.