We have agreed that due process of law shall not be there. But I do not agree that even these small rights should not be put in. I submit for your consideration what these rights are. One of these rights is that. every person accused of any offence shall have the right of cross-examining the witnesses produced against him and producing his defence. This is a very elementary right. If you do not allow this, why speak of a trial ? Do we not know every day that this right is being denied to the accused ? In the mofussil, the courts do not wait for the counsel and cases are conducted in places where witnesses do not reach. the people are being deprived of their right of defence. So far as cross examination is concerned, we know even under section 256, the provisions are abused and attempts are made not to allow cross examination. Where is the guarantee that in the future the legislature will not assume, that the executive will not force the legislature to assume the power that any accused may be condemned even in his absence ? I know of the legislatures where attempts were made to see that in the absence of the accused, the hole trial is gone through. Do we not know the Rowlatt Act which said, no vakil, no daleel no appeal ?
