Sir, I request that all my amendments may be taken as moved.
“That after article 15 the following new article be added:- ’15A. No procedure within the meaning of the proceeding section shall be deemed to be established by law if it is inconsistent with any of the following principles :- (i) Every arrested person if he has not been released earlier Shall be produced before a Magistrate within 24 hours of his arrest to the Court of the Magistrate and informed of the nature of the accusation for his arrest and detained further only by the authority of the Magistrate for reasons recorded. (ii) Every person shall have the right of access to Courts to being defended by counsel in all proceedings and trials before courts. (iii) No person shall be subjected to unnecessary restraints or to unreasonable search of person or property. (iv) Every accused person is entitled to a speedy and public. trial unless special law or public interests demand a trial in camera. (v) Every person shall have the right of cross examining the witness produced against him and producing his defence. (vi) Every convicted person shall have the right of at least one appeal against his conviction’.” ’15 B. No procedure within the meaning of Sec. 15 shall be deemed to be established by law in case of preventive detention if it is inconsistent with any of the following principles :- (i) No person shall be detained without trial for a period longer than it is necessary. (ii) Every case of detention in case it exceeds the period of fifteen days shall be placed within a month of the date of arrest before an independent tribunal presided over by a judge of the High Court or a person possessed of qualification for High Court Judgeship armed with powers of summary inquiries including examinations of the person detained and of passing orders of further detention conditional or absolute release and other incidental and necessary orders.(iii) No such detention shall continue unless it has been confirmed within a period of two months from the date of arrest by an order of further detention from such tribunal in which case quarterly reviews of such detentions by independent tribunal armed with powers of passing of orders of release conditional or otherwise and other necessary and incidental orders shall be made. (iv) Such detention shall in the total not exceed the period of one year from the date of arrest. (v) Such detained person shall not be subjected to hard labour or unnecessary restrictions otherwise than for willful disobedience of lawful orders and violation of jail rules.'” “That in amendment No. 1 above, for clause (1) and (2) of the proposed new article 15A, the following be substituted:– ’15A. No procedure shall be deemed to be established by law within the meaning of article 15 if the law prescribing the procedure for criminal proceedings and trials of accused persons contravenes any of the following established principles and rights- (a) the right of production of the person under custody before Magistrate within 24 hours of his arrest (excluding the reasonable period of journey from the place of arrest to the court of Magistrate) and further detention only with the authority of the magistrate for reasons recorded; (b) the right of consultation after arrest and before trial and the right of being defended by the Counsel of his choice; (c) the right of full opportunity for cross- examination of witnesses produced against the accused and production of his defence; (d) the right of at least one appeal in case of conviction’.” “That in amendment No. 3 above, after clause (d) of the proposed new article 15 A, the following clauses be added :- ‘(e) right to freedom from torture and unnecessary restraints and from unreasonable search of person and property; (f) right to a speedy and public trial unless special law and public interest demand a trial in camera’.” “That in amendment No. 1 above, in clause (1) of the proposed new article 15 A, for the words ‘a legal practitioner of his choice’ the words ‘and be defended by a legal practitioner of his choice in all criminal proceedings and trials’ be substituted.” “That in amendment No. 1 above, in the proposed new article 15A, for clause (2), following be substituted :- ‘(2) Every arrested person if he has not been released earlier shall be produced before a Magistrate. within 24 hours of his arrest excluding the reasonable period of journey from the place of arrest to the court of the Magistrate and detained further only by the authority of the Magistrate for reasons, recorded’.” Or, alternatively “That in amendment No. 1 above, at the end of clause (2) of the proposed new article 15A, the following be added :- ‘and for reasons recorded’.” “That in amendment No. 1 above, after clause (2) of the proposed new article 15A, the following clauses be added : ‘(2a) Every person accused of any offence or against whom criminal proceedings are being taken shall have the full opportunity of cross-examining the witnesses produced against him and producing his defence. (2b) Every person sentenced to imprisonment shall have the right of at least one appeal against his conviction’.” “That in amendment No. 1 above, for clauses (3) and (4) of the proposed new article 15A, the following be substituted :- ’15B. No procedure shall be deemed to be established by law within the meaning of article 15 if the law prescribing the prevention or detention contravenes any of the following principles’— (1) Such detention without trial shall only be allowable for alleged Participation in dangerous or subversive activities affecting the public peace, security of the State and relation between different classes and communities inhabiting India or membership of any Organisation declared unlawful by the State. (2) Such detention shall not be longer than two months unless an independent tribunal consisting of two or more persons being High Court judges or possessing qualifications for High Court judgeships and armed with powers of enquiry including examination of the detainee recommend continuance of detention within the said period of two months. (3) Such detention shall not exceed the total period of one year. (4) Such detention shall be free from unnecessary restrictions and hard labour otherwise than for wilful disobedience of lawful orders and violation of jail rules : Provided that the Parliament shall never be precluded from prescribing other reason and circumstances which may necessitate such detention and the conditions of such detention’.” “That in amendment No. 1 above. in the proviso to clause (3) of the Proposed new article 15A, for the word ‘three’ the word ‘two’ be substituted.” “That in amendment No. 1 above, in sub-clause (a) of the proviso to clause (3) of the proposed new article 15A, after the word ‘Board’ the words ‘with powers of inquiry including examination of persons detained’ be inserted.” “That in amendment No. 1 above, at the end of sub-clause (b) of the proviso to clause (3) of the proposed new article 15A, the following be added :- ‘but in no case more than six months’ or ‘but in no case more than a year’.” “That in amendment No. 1 above, in clause (4) of the proposed new article 15A, after the word ‘circumstances’ the words ‘and the conditions’ be inserted.” “That in amendment No. 1 above, in clause (4) of the proposed new article 15A, for the word ‘three months’ the words ‘one month’ or ‘two months’ be substituted.”