We omit the detailed discussion of these provisions in which the committee has attempted to soften the sting of these recommendations by giving their reasons and by suggesting certain safeguards against their abuse. The most startling of their recommendations are however made under the head of emergency preventive measures.
Emergency Preventive Measures. We have been forced to the conclusion that it is necessary, in order to keep the conspiracies already described under control in the future, to provide for the continuance after the expiry of the Defence of India Act (though in the contingent form explained and under important limitations) of some of the powers which that measure introduced in a temporary form. By those means alone has the conspiracy been paralysed for the present and we are unable to devise any expedient operating according to strict judicial forms which can be relied upon to prevent its reviving to check it if it does revive, or, in the last resort, to suppress it anew. This will involve some infringement of the rules normally safeguarding the liberty of the subject. We have endeavored to make that infringement as small as we think possible consistently with the production of an effective scheme.
Existing Temporary Powers. The powers at present temporarily possessed by the Government are so far as material for the present purpose to be found in rules 3-7 inclusive and 12A under the Defence of India Act, 1915. We do not refer for the present to the Foreigners Ordinance, 1914, or the Ingress into India Ordinance, 1914.... Shortly stated, their effect is to give power to require persons by executive order to remain in any area to be specified or not to enter or remain in any such area, with penalties for breach of such requirements. These orders may be made and served on the person affected, whereupon they become binding upon him, or the person may be arrested without warrant and detained for a period not exceeding in all one month, pending an order of restriction. There is also a power of search under search warrant. It will be observed there is no provision for an examination of the cases of such persons. The decision lies solely with the Local Government. There is also the power of confinement under Regulation III of 1818.
Again:
“Two Grades of Powers Desirable.—We now proceed to elaborate ... the scheme we suggest.
“We think, as we have already indicated, that the powers to be acquired should be of two grades capable of being called into operation separately, possibly under different forms of notification.
“The first group of powers should be of the following nature:—
“(i) to demand security with or without sureties;
“(ii) to restrict residence or to require notification of change of residence;
“(iii) to require abstention from certain acts, such as engaging in journalism, distributing leaflets or attending meetings;