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65 Constitution (Forty-Fifth [ 31 AUG. 1978 ] Amdt.) Bill, 1978 66

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65 Constitution (Forty-Fifth [ 31 AUG. 1978 ] Amdt.) Bill, 1978 66 65 Constitution (Forty-fifth [ 31 AUG. 1978 ] Amdt.) Bill, 1978 66 I REFERENCE TO THE REPORTED STRIKE BY EIGHTY THOUSAND SCHOOL TEACHERS IN ORISSA SHRI LAKSHMANA MAHAPAT-RO (Orissa): Mr. Chairman, Sir, I will just take one minute only. Sir, the Orissa Assembly has commenced its session from the 28th. Eighty thousand teachers in Orissa are I on a strike and many are on a dharna also. It is still a Central subject. Let ( the Central Government intervene and ask the Chief Minister to start negotiations with 80,000 teachers of non- governmental schools, i SHRI SUNDER SINGH BHANDARI (Uttar Pradesh): Both the things cannot go together. You want more powers to be given to the States and you also ask the Centre to intervene. MR. CHAIRMAN: May I know the views of the hon. Members whether we should meet at 2 p. M. or earlier ! than 2 P.M.? SOME HON. MEMBER'S: Sir, we should meet at 2 P.M. only. MR. CHAIRMAN: All right. The House rises now and reassembles at 2 P.M. The House then adjourned for lunch at twenty-two minutes past one of the clock. The House reassembled after lunch at four minutes past two of the clock. The Vice-Chairman Nizam-ud-Din. In the Chair THE CONSTITUTION FORTY-FIFTH ' AMENDMENT BILL, 1978—Contd. REFERENCE TO THE ALLEGED THE MINISTER OF LAW, JUSTICE PREVENTION OF MUSLIM MINO- AND COMPANY AFFAIRS (SHRI RITIES FROM PURCHASING HOUSES SHANTI BHUSHAN): Mr. Vice-Chairman, IN VARANASI Sir, as I said yesterday, I am very grateful to the hon. Memebers for the very general sup- port which they have given to the provisions of the Bill. I would like, very briefly, to deal with some of the points 67 Constitution (Forty-fifth [ RAJYA SABHA ] Amdt.) Bill, 1978 68 [Shri Shanti Bhushan] which have been SHRI BHUPESH GUPTA: That is the made and if I am not able to deal with all the fees he is paying you; privilege motion. important points which have been made by the hon. Members or to deal with each of them SHRI SHANTI BHUSHAN: But since he specifically, it is not that there is no force or has tried to lighten my burden I must deal merit in those points which needs consideration with the important point made by him first. but because I have a limited time at my Sir, this is in regard to preventive detention. disposal as the hon. Members would appreciate His complaint was that, when the and, therefore, I will try to deal with the points Constitution was being amended, why not as briefly as possible. do away with the article in the Constitution Now, Sir, if I might first take the which permits preventive detention points which have been made, parti although it purports to give certain cularly by Shri Bhupesh Gupta, for safeguards in the matter of preventive whom I have a lot of esteem, and not detention. Sir, I am not sure whether Mr. merely that, Sir, but he has made a Bhupesh Gupta, while voicing those valiant effort on my behalf, if I sentiments, has taken into account the may say so, in regard to the clause realities of the situation which are there in relating to referendum to convince the coun- those who were not convinced by try. I know he had certain other things in his what I had said in my opening speech, mind, but possibly, he lost sight of certain and I have no doubt that with his elo things to which I would like to call his quent style, he must have been able attention. Sir, we saw yesterday the anguish to convince everybody so that when and the anger that was voiced in this House we come to the stage of voting on this in regard to a very dastardly crime. I do not clause, perhaps, even on this referen think there is any single person in the dum, there would be unanimity. But country who does not hang his head in Sir, ___ shame in regard to that dastardly crime and who does not share all those feelings of SHRI BHUPESH GUPTA (West Bengal): anguish and anger. Sir, I was pained to read Some I have done. one hypothesis in the newspapers today. I do not know whether there is any substance in SHRI SHANTI BHUSHAN: In fact, I must that. But in regard to this crime, there is confess that I have, for myself, decided that if some hypothesis which has been suggested ever I were to be hauled up before a court and I which connects the commission of this need the assistance of a lawyer to argue my dastardly crime, the like of which this case, I propose to engage Shri Bhupesh Gupta country, I do not think, has seen before, with provided he gets himself enrolled by that some kind of smuggling activities and the time. activities of some smugglers. I do not think SHRI BHUPESH GUPTA: Next time, you anybody could be so heartless as to put appear against Mr. Raj Narain. You may those beautiful children, these innocent and choose me. handsome children and those accom- plished children, to such a brutal death SHRI SHANTI BHUSHAN: At the moment, unless those persons did not have any heart I have to defend myself from him. He has in them. To me, it seems, they are some brought a privilege motion against me. kind of professional killers. When "this SHRI BHUPESH GUPTA: Did you charge hypothesis is flashed in the newspapers that him fees? there is some smuggling etc., connected with it, the minds 0t all of us go to those SHRI SHANTI BHUSHAN: I do not chaifje fees in political cases. 69 Constitution (Forty-fifth [ 31 AUG. 1978 ] Amdt.) Bill, 1978 70 smugglers who have held this coun- | try, the present the conscience of the nation, is not economy of this country and the life of this lacking in powers to deal with lawless elements country to ransom by such activities which can with the full might of the people behind it. only be compared with Mafia operations. Now, And, Sir, that has been the attempt of this the question arises: How are such criminals to Constitutional amendment, hotwsoever humble be dealt with? Are not some special powers, it might have been. The attempt has been t0 see needed to deal with such people who are that while in certain special situations to deal prepared to hold the entire society to ransom? with criminals of the mafia kind, etc., some Or, are the normal laws, are the ordinary laws, special powers may be needed, at the same are the normal legal processes, as we know it in time the misuse of those powers for other this country and also as we know in what shape purposes should not be possible. And this can it is today in this country, quite sufficient t0 only be done by strengthening the safeguards deal with every kind of nefarious activity against preventive detention. This is not the which can hold the normal civilised life of the time to ban preventive detention entirely and to country to ransom? Today, Sir, the position is wipe it off from the Constitution. I know India this. MISA has been repealed, lock, stock and has had a very glorious past. I am sure it is barrel. The only law enacted by this Parliament going to have a very glorious future and I am which is on the statute book, which provides sure that a time will come, and that this time for preventive j detention, is the one under will come in our life times and not later, which a I large number of smugglers are still in perhaps sooner, when it would be possible to detention. If today the amendment of Shri ban preventive detentions completely, when the Bhupesh Gupta or rather the proposal made by society is such, when the normal' processes him was to be accepted, I want to tell him that have been So strengthened to deal with this if preventive detention was to be banned today evil. I recognise that preventive detention is an by a constitutional amendment, the immediate evil, but I do not think that a stage has come result of that amendment would be that all the when we can completely ban it at this time. At smugglers who are in preventive detention will the moment, we can only strengthen the have to be set at large, let loose on society. I do safeguards against it so that misuse may not be not think Shri Bhupesh Gupta, even in his possible. Apart from that, in case of the right to wildest dreams, would like that to happen, and life and liberty an attempt has been not to make particularly in the light of what happened only it suspend-able even during emergency, the a few days before, which is so ! fresh in the consequence of which would be that a habeas minds of all of us. Entire population of this corpus would always be permissible in the country is agitated, small children are agitated, courts. The result of this would be that if it is girls are agitated. Then we need to ponder that shown that a detention is mala fide for the Constitution must not permit any extraneous considerations, not for legitimate victimization, whether political or of any other considerations, the courts will have the power character. Nothing to set aside that detention. But I am not should be done which would jeopardise satisfied with mere habeas corpus because after the security of a single citizen a^ habeas corpus is for limited purpose.
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