movement was temporarily checked, but new leaders were found and operations were resumed, as is apparent from the dark record of crime in the present year. I have therefore come to the conclusion, after the fullest consultation with the local Government, that it is necessary to arm the Government of Bengal with special powers to deal with preparations for crime, with the object of protecting not only the officers of Government, whose lives are threatened, but equally private citizens, who have frequently been the innocent sufferers from such outrages, and the misguided youths who are its tools and often themselves its victims. I am convinced that preparations and plans for criminal outrages are now so dangerously developed that it is necessary to provide immediate safeguards by an Ordinance. l'ermanent measures to remedy the situation will in due course be presented by the local Government. 5. The Ordinance is directed solely to these ends and will in no way touch or affect the interests or liberties of any citizens, whether engaged in private or public affairs, so long as they do not connect themselves with violent criminal methods. The fundamental duty of Government is to preserve public security on which political advance and all the functions of a civilised social organism depend. And, as it is manifest that sound and permanent political progress cannot be accelerated by violence or threat of violence, so also I deem it my duty and the duty of my Government to see that no violence or threat of violence shall operate to retard it. I and my Government will therefore proceed as we are doing along the line of political development laid down in the declared policy of Parliament reaffirmed by His Majesty's Government. Acting with these objects and these intentions, I believe myself and my Government to be entitled to the support and co-operation of all those who have truly at heart the peace, the prosperity and the political future of India. READING, Viceroy and Governor-General. No. 2. Telegram from Secretary of State for India to GovernorGeneral, dated 12th February 1925. I have received Your Excellency's despatch dated the 22nd January 1925, and authentic copy of the Bengal Criminal Law Amendment Act, 1925, which Your Excellency has reserved for the signification of His Majesty's pleasure. I desire to assure you that the provisions of the Act, and the action in respect of it taken by the Governor of Bengal, have my full approval, and I am taking the further steps required in pursuance of section 72E, Government of India Act. The Bengal Criminal Law Amendment (Supplementary) Act, 1925. Passed under the procedure prescribed by Section 67в of the INDIA OFFICE, 26 May 1925.} A. HIRTZEL, Under Secretary of State for India. (Presented pursuant to the Government of India Act, Section 67в (2).) Ordered, by the House of Commons, to be printed, 26 May 1925. LONDON: PRINTED & PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE. or 120, George Street, Edinburgh; or through any Bookseller. 1925 Price 2d. net. TABLE OF CONTENTS. No. 1. Despatch from the Governor-General to the Secretary PAGE No. 1. DESPATCH FROM A THE GOVERNOR-GENERAL TO THE SECRETARY OF STATE FOR INDIA, DATED 2ND APRIL 1925. The Bengal Criminal Law Amendment (Supplementary) Act, 1925. I have the honour to forward herewith an authentic copy of the Act noted above, to which I have signified my assent under clause () of subsection (1) of section 67B of the Government of India Act. A motion was made in the Legislative Assembly on Monday, 23rd March, for leave to introduce a Bill to supplement the Bengal Criminal Law Amendment Act, 1925, and leave having been granted, the Bill, of which I enclose a copy, was introduced forthwith. On the same day a motion that the Bill be taken into consideration was passed, but during the detailed consideration of the Bill clauses 4, 5 and 6, which constituted the main operative clauses of the Bill, were struck out. If the Bill had been passed with the omission of these clauses, the objects for which it was intended to be enacted could not have been secured; and as on the expiry of the Bengal Criminal I aw Amendment Ordinance, 1924, it was essential that such of the powers conferred by that Ordinance which could not be enacted in the Bengal Criminal Law Amendment Act, 1925, should be retained, I put into use the power of recommendation contemplated by section 67B of the Government of India Act, and recommended to the Legislative Assembly that it should pass the Bill in the form in which it was introduced. To bring the Bill into conformity with the form recommended by me, the Member of Government in charge of the Bill on 24th March moved an amendment by which it was sought to restore clauses 4, 5 and 6 to the Bill. This amendment was rejected by 72 votes to 41 votes, and in rejecting the amendment the Legislative Assembly fai ed to pass the Bill in the form recommended by me, and a certificate to that effect was thereupon given by the President on the request of the Member of Government in charge of the Bill. Being of opinion that the passage of the Bill in its entirety was essential for the tranquillity of the Presidency of Bengal, I gave a certificate to that effect in exercise of my powers under section 67B, and recommended to the Council of State that it should pass the Bill in the form in which I had recommended it to the Legislative Assembly. In the Council of State on 26th March a motion was made that the Bill, in the form recommended by the Governor-General, be taken into consideration. This motion was passed by 29 votes to 3 votes, and thereafter the Bill was passed without any further division. On 30th March I signified my assent to the Bill, and below that endorsement I placed the further endorsement required by the opening words of subsection (2) of section 67B. Having regard to the fact that the Bengal Criminal Law Amendment Ordinance, 1924, expires on 25th April 1925, and time does not allow of the Bill being submitted for His Majesty's assent, in accordance with the proce.lure laid down in subsection (2) of section 67B, I have made a direction under the proviso to that subsection. 2. In order that the public in India should be under no misapprehension as regards the reasons which compelled me to use the Ps 12329 Wt. 4648/484 750 5/25 I.O.P. |