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[ RAJYA SABHA ] Ordinance & Bill, 1980 48

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[ RAJYA SABHA ] Ordinance & Bill, 1980 48 47 Re. National Security [ RAJYA SABHA ] Ordinance & Bill, 1980 48 MOTION REGARDING NINETEENTH or rejected, (interruptions) Till the REPORT OF THE UOMMITlEE Ol passing or the rejection of the Bill... PRIVILEGES (Interruptions) THE LEADER OF THE HOUSE (SHRI MR. DEPUTY CHAIRMAN: Till the PRANAB MUKHERJEE): Sir. I also beg to Resolution and Bill are disposed of. 1 amend move: myself. (Interruptions) Shri Ramakrishnan. "That this House agrees with the findings SHRI R RAMAKRISHNAN (Tamil Nadu): Mr. contained in the Nineteenth Report of the Deputy Chairman, Sir, the other day when on Committee oi Privileges presented to the behalf of our party, the All India Anna D.M.K., I Rajya Sabha on the 3rd December, 1980, and supported the Bill there were a few friends who the recommendations contained in the said that we are trying to defend an indefensible Twentieth Report of the Committee presented Act. I am sorry that I do not agree with them. We on the 19th December, 1980, and resolves that are not supporting this Bill just for the sake of Shri Dinesh Chandra Garg, Shri Anil Kumar record. We are doing it because we also run a Garg and Shri Vishnu Kumar Garg, authors of Government \ in our State and we know what the the book entitled 'Garg*s Income Tax Ready difficulties are in enforcing law and order, how Recokoner 1980-81 and 1981-82' published difficult it is to control anti-social elements and by Messrs Law and Managemen House, 126, how difficult it is to control communal strifes. So I Nai Basti, Ghaziabad (UP.) be summoned to just want to say that what we are doing is out of the Bar of the House and reprimanded during reasonable conviction, and not just trying to toe the the current Session of the Rajya Sabha on a line of Shrjmati Indira Gandhi. There is also a day and time to be fixed by the Chairman.'' lurking suspicion in the minds of some of the The question was put and the motion was people that we are just trying to support whatever adopted. Mrs. Indira Gandhi says. I can assure you this that the All-India D.M.K. is a nationalist party and we MR. DEPUTY CHAIRMAN: I shall fix the are always for any cause, whatever it may be, if it is date and time on which the contemners will for the growth of the country, if it is for ensuring receive the reprimand and the Secretary- stability and progress of the nation. General will issue the necessary summons accordingly. Sir, I would like to say that the National Security Bill can be described what we call in Tamil Nadu as 'Kashayam' a bitter mixture. When a person is sick, I.STATUTORY RESOLUTION SEEK. this 'Kasha-yam' is administered to make him ING DISAPPROVAL, OF THE healthy. No doubt, it may taste bitter but it is NATIONAL SECURITY ORDIN- necessary if the malady is to be cured. Similarly, the ANCE, 1980—Contd. " National Security Bill is the like a medicine which H. THE NATIONAL SECURITY has got to be given. But like all anti-biotics, too much of it also should not be there, otherwise the "* BILL 1980—Contd. •t person will become immune. I only say that just because a person or the Government is armed with MR. DEPUTY CHAIRMAN: May I all the powers as under this Bill, these should not be inform the Members that today there will be used against innocent no lunch-hour and the debate will continue, and the House will sit till the Bill is passed. (Interruptions) SHRI SUNDER SINGH BHANDARI (Uttar Pradesh): Only one Bill. SHRI B. SATYANARAYAN REDDY (Andhra Pradesh): The House will sit till the Bill is passed 49 Re. National Security ■ [ 22 DEC. 1890 ] Ordinance & Bill, 1980 50 persons, these should not be used against Assembly Debates .and the 1951 debates. political adversaries. I am happy to note that Although Sardar Patel spent two sleepless the Home Minister and all the other nights prior to introducing the Bill, he felt that responsible Ministers are making statements he had no other option. He said, "When law is inside and outside the House that this Bill will flouted and offences are committed, ordinarily not be used against political adversaries. I there is a criminal law which could be put into have absolutely no doubt about their bona force. But when the very basis of law is fides. I can tell you that in case it is misused, sought to be undermined and attempts are there is an old saying in Tamil by poet and made to create a state of affairs in which, to saint Thiruvalluvar which reads as under: borrow the words of Pandit Motilal Nehru; "Men will not be men, then law will not be "ALLARPATTU AARATHU AZHU- law", we feel justified in invoking emergent DHA and extraordinary laws like this National KANNEER ANRE Security Bill." I would only remind this CHELVATHAI THEY KKUMPA- statement of Sardar Patel to those who say DAI" that Sardar Patel did not want preventive It will be the tears of the people which will be detention. I would like to say that even in more powerful and more efficient than any 1950, in A. K. Gopalan's case the Supreme armaments to destroy a land where this is Court observed; done. So, 1 think that the Home Minister and "...Preventive Detention is no* a all the others who are in power including our punitive but a precautionary measure.' The State Government will never misuse this Bill object is not to punish men for something and will not use it against their political but to intercept them before they do it and adversaries. to prevent them from going it. The justification is suspicion or reasonable Every Government in power has realised probability." the need for preventive detention. Our Constitution makers themselves were for it. Tins was widely accepted by all the High Here I can quote from Mr. Alladi Courts when MISA was in force. Even the Krishnaswami Iyer who, while participating in Madras High Court said: the Constituent Assembly Debates, said, "In times of rare emergency, certain "...Preventive Detention (particularly in restrictions have to be placed on personal the prevailing conditions) in the country is freedom of the individual for the common a necessary evil, since there are certain un- good." desirable people determined to undermine Sir, I am quoting from various people not the sanctity of the Constitution, the security of the State and even indivdual liberty because 1 want to justify something which itself." should not be justified. Even Abraham Lincoln, the father of modern democracy, said: Every Government, right from Sardar Patel to our hon. Mr. Morarji Desai and Chaudhary "A limb must be amputated to save a Charan Singh, have felt that preventive life, but a life is never taken to save a detention, in some form or the other, is neces- limb." sary. In this connection, Sir, there are many people who said that Sardar Patel spent two Today, what is if that we see in various sleepless nights and that he was very unhappy parts of the country? There is communal about the introduction of this Bill. I have ex- tension all over. The wagon of State does not tensively gone into the Constituent move. There appears to be a break-down of law and order. How is the country to progress? It is 33 years since we got independence and freedom. But India, 51 Re. National Security [ RAJYA SABHA ] Ordinance & Bill, 1930 52 [Shri R. Ramakrishnan] of these smugglers. Put them in jail. Put them under detention. Nobody will shed a tear, and with such a vast population which is 70 crores please do not sleep off. I would like to remind according to the latest census, has not got its that this is the special time when the dis- pride of place in the comity of nations. If tasteful expediency, the bitter pills like this are Germany, after the war, can be what it is today required. Sir. Swdar Patel said, "When we and if Japan, which is a small country with think of the civil liberties of the extremely very little natural resources, can be, after the small number of persons concerned, let the war, what it is today, why is India, with its vast House and the people think of the liberties of natural mineral resources, with its vast talent the millions of people threatened by the in all spheres, not able to have the pride of activities of individuals whose liberties have place in the comity of nations? It is because we been curtailed." Sir, there is so much of talk of are always concerned with petty and small civil liberties here. I am not saying that the things, there should be an opposition. There is civil liberties should be taken away. But if a definitely p'ace for opposition. But the handful of people, if a few agitators try to opposition should not be a hindrance to the think that they can stop the ship of the state, functioning of the Government. If violence is then these people do not deserve a place in our to be encouraged and if our attention is democracy. They should be put under concentrated only on law and order break- preventive detention. This is for what preven- down, then how will the economy grow? tive detention is meant. There is a very grave There will be no stability. What is the use of threat to the security of the State if a small having such a big country if we are engaged thing is not nipped in the bud now by such only in petty things.
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