‘Public Safety Act’-এর ব্যাপারে বঙ্গবন্ধু
১৩ ফেব্রুয়ারি ১৯৫৬
করাচী
The constituent assembly of Pakistan:
Sheikh Mujibur Rahman: I am not going to repeat, Sir, after all you should allow me to say what I am going to say. Sir, can I request the mover of this bill to show from any constitution of world that such a provision exists anywhere except in India? Sir, there is one thing. We have started with the name of Islamic Republic of Pakistan. It is a very good name and definitely we are very happy for that. But can I request him to show that can anybody be punished in the Islamic law without trial? So far as I know, nobody can be punished without trial. If it is so, then I think, it is a bluff to the people. Some time back there was an Islamic Convention in East Bengal, where they categorically declared that nobody can be detained without trial. Now, I would ask Maulana Athar Ali and Mr. Farid Ahmad to come forward and categorically say that Islam permits a man to be detained without trial? Sir, in East Bengal during the last seven years this particular law has been used against the political opponents of the Party in power in such a way that it is never to be seen in the history of the world. The people who fought for the achievement of Pakistan, the people who suffered for achievement of Pakistan, the people who ruined their careers for the achievement of Pakistan, were the very persons against whom this particular law had been used. It was used against those persons who sacrificed their all for the sake of Pakistan. Why? For the personal interest of the ruling junta of the Muslim League. Sir, you know, that nothing has happened during the last seven years in Pakistan. No foreign country has attacked our motherland, there has not been any armed rebellion. But still this Act has been used against all political workers. Still so many members of the Legislature like Mr. Abdus Samad, Mr. Mannan, Mr. Mofizul Islam and others are detained under this act without trial and still an Honourable Member of this house, Sardar Fazlul Karim, who had been bailed out, is being detained because of this safety Act. Sir, is it not an insult to us, to you, Sir, and to the nation and to the people of Pakistan that a representative of 10 lakh of people has been arrested and put into jail without showing any cause. Sir, you may say, you require it for some time. You require it to arrest people like Maulana Bhashani and other political workers. Since 1948 to date many political workers in East Bengal have suffered. Those who fought for the achievement of Pakistan have been detained in Pakistan under this Act without trial. It is the history of these long seven years.
Sheikh Mujibur Rahman: Even Mr. Suhrawardy was externed from East Bengal by this Public safety Act. It is the history of Pakistan. Hundred and one workers have suffered on account of this Act. Well you can say we have also suffered. Now. Sir, I would not like to repeat what has been said by Mr. Mahmud Ali. But Sir, I like to tell you one thing. Even the Karachi University authorities have started a thing like that and how shamelessly they are doing this.
Sheikh Mujibur Rahman: Sir, this is a thing which the Karachi University authorities have also started like the Intelligence Branch of the Government of Pakistan. This is a form in which they want a sort of bond from the students to say that they are not connected with any subversive activities. Now, Sir, I do not know the definition of this word ‘subversive’ The Students of Karachi University are also required to give this bond that they are not connected with any subversive activity.
(Honourable Deputy Speaker: Where are you reading from?)
Sheikh Mujibur Rahman: Sir, this is a form which has been supplied to the students of the Karachi University to be filled and signed by them.
(Honourable Deputy Speaker: How am I to know that it is a genuine form? Please let me see it.)
Sheikh Mujibur Rahman: Sir, it is a genuine form. I will show it to you.
(The form was shown to the Honourable Deputy Speaker.)
Sheikh Mujibur Rahman: This is what the form says. This is what they ask the students to pledge, “That I shall not indulge in any activities subversive to Pakistan or prejudicial to the University of Karachi, etc.” Who are they? Sir, to ask them to say all this? Are they Interior Minister or Police Commissioner that they can ask students to make a pledge like this? Sir, this is happening all over Pakistan; this is being done in all the Universities of Pakistan. They get encouragement from the Education Ministers of the Centre and the Provinces. They ask students to make a pledge like this as if all the students of Pakistan are anti-State and only the Ministers, M.C.As and Parliament Secretaries of the Government side are loyal, who have fortunately become Ministers through backdoor.
Sir, it has been promised by us to the people of East Bengal that these black laws, these sort of clauses will not be in the Constitution. If there is proof against anybody, you have got the courts, you have got the Judiciary, you can produce them before the courts, you can punish them, hang them; you have got the right to do that but why are these black laws here, saying that people will be detained for subversive activities. Sir, this is the ground which is generally used against the persons who work for the country, who work for the people of Pakistan.
Sheikh Mujibur Rahman: Please give me one or two minutes more. Sir, I appeal to them, and particularly the members of the United Front Party not to agree to this provision. Sir the members of the United Front Party made promises to the people at the time of the elections that they will not agree to such laws.
Sir, the other day the Honourable Foreign Minister said that this Constitution is based on 21-Point Programme. Sir, I ask is it not written in the 21-Point Programme categorically that if we come out successful we will not allow to pass these Safety Acts and will not use Safety Acts any more? Sir, with your permission I shall show that ….
Sheikh Mujibur Rahman: I will finish in a minute. Sir, it has been laid down in the 21-Point Programme to repeat all safety and preventive detention Acts and release all the prisoners detained without trial and try in open courts and to safeguard rights of the people, to permit them to hold meetings and to allow them facilities for forming trade unions for the purpose of collective bargaining etc. I ask the Honourable Foreign Minister, Sir, is this the 21-Point Programme on the basis of which you are forming this Constitution? How long can you bluff the people? No more. The time is ripe now and East Bengal people are politically conscious and understand all this.
Sir, I appeal to them to accept the amendment of Mr. Mahmud Ali for the greater interest of Pakistan. If you do not allow the people to work constitutionally then people must have to follow unconstitutional means. Sir, this is the history. Allow people to work constitutionally otherwise they will overthrow the Government by unconstitutional means. Allow people to work and mobilize public opinion constitutionally otherwise they will go underground. Sir, this is what happens. You must learn from history that if you do not allow people to work constitutionally, then they will overthrow Government by violent means.
Sir, I request them to accept this amendment and prove to the world that they are believers in democracy, that they are believers in Islam, whose name they are utilizing for their ulterior purposes. The clause, as it stands. Sir, is against Islam, it is against democracy and against civilization. I, therefore, appeal to them to accept the amendment of Mr. Mahmud Ali. Minister please hear about the addition of the word ‘lawfully’ after the word ‘acquire’?
Sheikh Mujibur Rahman: Sir, this proposed Council is to remove disparity between East Pakistan and West Pakistan in the economic sphere of life and that is why this provision has been incorporated in this Draft Constitution. It is neither national nor economic nor Council. What power does it have? Absolutely no power, It is an advisory board. At the centre there will be equal Ministers of both Provinces, six from East Pakistan and six from West Pakistan and the Ministers sitting in the Central Cabinet together can sanction money, pass budget and do whatever they like. Then what is the necessity of giving bluff to the people that here we are providing for you an Economic Council when as a matter of fact everything will be decided by the Central Cabinet or Central Ministers. Why did we want Parity? The reason is obvious. You know, Sir, P.I.D.C. has been set up by the Pakistan Government for the industrial development of the country and what are they doing? Sixteen projects consisting of about 337 millions of rupees plus 17 projects at a cost of 400 millions of rupees have been taken in hand by them. There is another authority known as the Central Engineering Authority for the developing of hydel-electric power and other generating power in the country, costing several crores of rupees. How much have they spent for the development of East Bengal out of this? Not more than 25 per cent of the total cost of these multi-farious Projects, people of East Bengal want their safeguard by this system of Parity, Parity not for numbers, Parity for the economic development side by side with the people of West Pakistan and our brothers in West Pakistan. What are they doing now? We have our Food Minister without food in East Bengal and Pakistan as a whole and our Foreign Minister without any foreign policy in Pakistan and at the same time without any economic development we are going to have Economic Council. I cannot understand what is the meaning of providing for this Economic Council in the Constitution. Sir, much has already been said by my friends on this side, so I would not go in detail because I do not like to torture my friends opposite – although they said in a jubilant mood that they would sit for the whole night – because they appear to be tired now.
If you read the clause carefully, you would find, Sir, that there is absolutely no power given to that Economic Council. There are only plans and advices to be found there. Government might accept its advice and might not accept; legislature might accept its advice and might not accept. This is the position. Sir, on the 15th of March, when the legislature sits for budget session, we may find that the legislature would not accept the recommendation of the Council. Now what can they do? There is no authority here to enforce the legislature to accept its recommendation. This provision is absolutely vague. Sir, I tell you the people of East Bengal are firm and resolute in their demand; they will not budge an inch. I am afraid how my friends opposite who come from East Bengal will dare to face the people of that Province when they go back. They have provided this Economic Council in the Constitution to befool them that, “look here, we have provided this Economic Council for the development of your Province”. But the people of East Bengal are quite conscious of the fact that it is merely to show them, nothing more, nothing less. It does not help them. Sir, the people of East Bengal are politically much more conscious. They are not fools.
(Mr. Abdul Aleem: We will explain it to them.)
Sheikh Mujibur Rahman: You will explain, I will explain and everybody will explain. But be courageous, be honest in your principles and convictions. The Ministers sitting there who claim to be politically conscious and represent the people of East Bengal, I appeal to them to look to the interest of East Bengal; sit with your brothers from West Pakistan and find out ways and means for the agricultural and industrial development of the Province of East Bengal. Be honest to your pledge given to them. Do not forget them. Do not be misguided by the promises of the persons who are sitting by your side. Why are you incorporating this clause in the Constitution unnecessarily when you know that this Economic Council absolutely has no power and cannot do anything? Then why bluff the people of East Bengal? It is because you are not sincere to the people whom you represent here by accident. I feel, Sir that this clause is absolutely unnecessary and I oppose it as a whole and I commend this amendment for the acceptance of the House although I know I will be outvoted.
Sheikh Mujibur Rahman: Sir, after the achievement of Pakistan a lot of property has been acquired by people unlawfully. How is it that a person came to Pakistan with only Rs. 10,000 today has become a man of 10 lakhs? He may have made money either through Food department or through the Ministry of Refugees and Rehabilitation or by means of getting permits from the Commerce Department or by means of black marketing and hoarding. Why has the Government not confiscated this property? Did they try to find out how this money has been made? Have they not got the right to seize it, if no satisfactory explanation in this respect is forthcoming from the person concerned? That is my point. I would like the Honourable Minister for law to understand my point, I do not want to mention the names. In short, I know how things have happened. I know of a man who in Calcutta before partition was in the Muslim League. He came to Pakistan and started doing permit business. You do not know that in Pakistan 420 and permit business are going on. He had no business, no shop, no factory, no land, but we see that after two or three years he has become a man of 10 or 20 lakhs. There are hundreds of cases to quote in this strain. The Government should have power in their hands to investigate how a particular person without any work, without any business without any property, got so much money. That is the point to which I want to draw the attention of the Honourable Minister. In Karachi, we have seen that money is jumping in the streets. The man does not know where to stand.
Sheikh Mujibur Rahman: Jumping in the air, either in the Export Department or Import Department, outside the building.
(Honourable Deputy Speaker: You take me along next time.)
(Laughter) Sheikh Mujibur Rahman: Sir, I have not got the capacity. Otherwise I would have been a different man. Now, as regards food …
Sheikh Mujibur Rahman: Sir, food crisis means that a man has done black-marketing and for the sake of making money he has killed thousands of people.
Sheikh Mujibur Rahman: Because you have categorically written in this clause that every citizen shall have the right to move freely throughout Pakistan and to reside and settle in any part there of; to acquire, hold and dispose of property. My point therefore is that he will acquire property lawfully. If he has some property acquired lawfully, then he can dispose it of. If he is a Zamindar, he can sell his property, he can make a house either in Karachi or in Lahore, but if a man has not got a single penny, how can he earn Rs. 20 lakhs or make a house? I want to know whether Government has a right to acquire about such property and if it is found that he has earned money or acquired property by foul means or by black-marketing or by giving bribes to officers etc. then why not the Government have the right to make necessary investigations? That is why I say “property, if acquired lawfully”, if he has acquired it from his father, we have nothing to say. If he has not a single bigha of land or even Rs. 500 in any bank, but he suddenly becomes a man worth five or ten lakhs ….
Sheikh Mujibur Rahman: I therefore want to draw the attention of the Honourable law Minister to this point and that is the reason why I request him to accept only one word ‘lawfully’ and do justice to the people of Pakistan by incorporating it in the Constitution, so that this sort of corrupt people must be punished and their property confiscated. With these words I commend my amendment to the acceptance of the House.
Sheikh Mujibur Rahman: Sir, I have amendments also in my name, but I will oppose the clause as a whole, as I feel there is no use to keep this clause here in the Constitution.
(Chaudhuri Aziz Din: But you wanted the Constitution to be more rigid.)
Reference:
Iqbal, S. (1997) Sheikh Mujib in Parliament (1955-58), p. 190-199, Dhaka, Agami Prakashani