THE ROWLATT ACT.

Star (Christchurch), Issue 12711, 5 August 1919, Page 4

THE ROWLATT ACT.

FEELING IN INDIA. . I'll? Sw-Tctary of State for India, ni.iring the course of his sthtement on Indian affairs in the House of Commons, enumerated various causes of the prevailing unrest (says a legal correspondent 6f the “Westminster Gazette.”) In particular, Mr Montagu said: .Lastly, there is the Rowlatt Act, which has caused widespread—l would almost say 'universal—opposition throughout India—let the House make no mistake, the Rowlatt Act was throughout India a very unpopular

In view of this declaration, it is important that the provisions of this statute should be known by those who are concerned about the restoration of content among our Indian fellow-subjects. An instrument provocative, on Mr Montagu s own admission, of widespread and almost universal unrest throughout India, should be familiar in detail to pubhc men and others so that we can gauge its effect apon an ancient and high-spanted amalgam of races. It should bo recorded that at present considerable difficulty is experienced in obtaining in this country a reprint of tue Rowlatt Act. I am credibly: inlormed that an inquiry a few days ago at the India Office Library failed to bring to light a copy of the statute. Hie arrival from India of a professional iilend on Privy Council business enables me po quote from a reprint contained IB V le “ Bombay Chronicle ”of aJnuary 22 last. J

. T5l! ; official title of the Rowlatt Act is tne Criminal Law (Emergency i(°i Ve |) S n T919. It is described ns A Bill to make provision in special encumstances to supplement the ordinary criminal law, and for the exercise of emergency powers by the GovernThe Act consists of five parts, yt the first, Mr Montagu says, “ nothing is suggested but the speeding-up of the ordinary legal processes.” While 1 o i ls Yf sirab1 ° av °id as far as possible the undue prolongation of legal proceedings and Indian causes, as Lord Buckmaster recently complained, are open to comment > in this respect), it is a tradition of British justice to prefer the risk of a lengthy proceeding to the visit or doing injustice. The preservation of such a tradition in India must not ho lightly abandoned. WHAT THE ACT DOES.

Shortly, the Act establishes a special tribunal or three judges, without jurors or assessors, to try offences “connecfced with any movement endangering the safety of the State.’' Any officer of tioyernment is authorised to prefer a mitten information to the Chief Justice against anyperson alleged to be so concerned. The special tribunal is then convoked, and the “ speeding up ” is effected by requiring a memorandum only of the substance of the evidence, uho_ prohibition or restriction of publication of reports of trial, and a majority verdict of the Court. Legal assistance is permitted to the accused. Part 11. of the Act, Mr Montagu describes as being “ preventive ” in character. The Local Government is empowered to make an order requiring a person to enter into a bond of good behaviour for one year, to notify a change of address, to remain in a specified area, to abstain from “ any act so specified which, in the opinion of the LroC i al Government, is calculated to disturb the public peace, or is prejudicial to the public safety,” and to report at specified periods to the police. This order is referred to an Investigating Authority of three persons, one of whom is a district judge. The Secretary of State informs us that this is “ not a law court but a committee of inquiry.” It sits in camera, the impugned person may appear at some stage,” but he cannot be represented. This committee of inquiry” makes a report to the Local Authority on which the order as above will issue. The liberty of the subject is thus drastically restricted by secret tidal, in which the subject may not be represented but “ my appear at some stage of the procedings. For myself I confess to no surprise at the eflect these provisions are exciting throughout India.

IH. of the Act authorises arrest without warrant, confinement under specified conditions, and search of any place which “ has been, is being, or is about to be” used by the person arrested.

Part. IV. applies these repressive enactments to persons already under executive control, * ( save that ho reference to the investigating authority shall be necessary.”

Part V. provides that the cancellation of an order shall not operate a stay on other proceedings. PERSONAL LIBERTY. I venture to call serious and urgent attention to Section 41 of the Statute: No order under this Act shall be called in question in any Court, and no 9 uit or prosecution or other legal proceeding shall lie against any person for anything which is in good faith done intended to be done under this Act.” , 'Weigh the likely social and political effect of such a statutory provision does not requin any special' knowledge of Indian conditions. No self-respect-ing community would sit under such a menace against personal liberty and the absolute withdrawal of protection by the courts of justice. Mr Montagu states that "the Rowlatt Act is only to maintain order in the country while the great schemes of reform are going through.” In answer to Sir Donald Maclean, he stated spedncally that the Act is only to be used after the war.”

Were grave circumstances of the war period to be relied upon as a justification for these drastic enactments, some mitigtion would be offered. Seeing, however, that they are not intended to .m used for any such purpose, and retailing Mr Montagu’s testimony as to their effect upon opinion throughout India, it is submitted, that this short account esthlishes a prima facie cse for recon si deration.

The sense of justice in all lands has awakened like a new spring of the world’s hopes. There is no safety in thwarting its promise of satisfaction.