Then again, Sir, a very important and salutary check has been placed on the authority of the Magistrate by virtue of provision 167 (3) which says : “A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing,” and I beg Dr. Ambedkar to kindly give me his car for half a minute. I beg to submit that only four words “and for reasons recorded” be added. When a person is brought before a Magistrate, this is exactly the time when his fate is going to be sealed or to be bettered. At that time, according to the practice followed in the Punjab and elsewhere, when an accused is presented before the Magistrate, when the remand is sought to be given, the Magistrate is bound to record his reasons and this is a very great check upon the power of the Magistrate. I have got some specific amendments to this effect. I want that in the first proviso in the proposed new article 15-A as moved by Dr. Ambedkar the words “and for reasons recorded” to be added and I beg of Dr. Ambedkar to kindly consider the full effect of these words.
