\n| \n \nAn Extraordinary Prohibition<\/font><\/b><\/p>\n <\/p>\n \nP<\/font>ANDIT
\n<\/span><\/font> <\/b>Bhoje Dutt of Agra has been in
\nour midst for some time, and none had hitherto imagined that
\nhe was a political agitator or his teachings dangerous to the
\npublic peace. We all knew him as secretary of the Suddhi Samaj, a religious body
\nhaving for its object the readmission of converts from Hinduism into the fold of the religion and also, we
\nbelieve, the admission of converts to Hinduism from other
\nreligions into Hindu society with the full status of Hindus.
\nThe society has been working for some time with signal success
\nand no breach of the law or the peace. Yet the other day Mr.
\nSwinhoe thought fit to prohibit the Pandit from lecturing in Calcutta and the public from attending his lectures for the space
\nof two months. We reproduce the order as it affords singularly
\nclear proof of the contention, always advanced by Nationalists,
\nthat under the present system such public liberty as we enjoy,
\nis not an ensured right but an insecure concession, based not on
\nstatus but on permission, and therefore not, properly speaking,
\na liberty at all. It runs: \u0097<\/font><\/p>\n <\/p>\n \n"Whereas it has been made to appear to
\nme by evidence
\nadduced before me that Pandit Bhoje Dutt, political agitator and
\nEditor of the vernacular paper Musafir Arya<\/i>, Agra, has arrived
\nin Calcutta and intends to lecture in the Albert Hall in Calcutta
\nthis evening at 8 p.m. on the subject of "Musulman logonke
\nbarkhilaf" i.e. against the interests of Mohamedans:\u0097<\/font> <\/p>\n\nAnd whereas I am satisfied that such
\nlecturing or preaching
\nby the said Pandit Bhoje Dutt at any place or in any building in Calcutta may
\nlead to a serious disturbance of the public tranquillity and rioting which will be a source of danger to human life
\nand public safety: \u0097<\/font> <\/p>\n\nAnd whereas I am satisfied that the
\nimmediate prevention
\nof such lecturing and preaching by the said Pandit Bhoje Dutt
\nwithin the town of Calcutta is necessary in the interests of hu-<\/font><\/p>\n\n <\/p>\n \nPage \u0096 226<\/font><\/p>\n
\n\nman life and safety and in order to
\nprevent any riot or affray, I
\ndo hereby under Section 144 of the Criminal Procedure Code
\norder and direct the said Pandit Bhoje Dutt to refrain from delivering any lecture or preaching or holding or taking part in any
\nmeeting within the town of Calcutta, and I hereby direct the
\npublic generally to refrain from attending or taking part in any
\nlecture or preaching by the said Pandit Bhoje Dutt and to refrain
\nfrom attending or taking any part in any meeting or meetings
\nheld by or on behalf of the said Pandit Bhoje Dutt in the town
\nof Calcutta and I farther direct that this order shall remain in
\nforce for a period of two months from the date thereof.<\/font><\/p>\n\nGiven under my hand and seal of this
\ncourt dated the 25th
\nSeptember 1909."<\/font><\/p>\n <\/p>\n \nThe value of the evidence which so
\neasily satisfied Mr. Swinhoe may be judged from its inaccuracy and triviality. Pandit
\nBhoje Dutt is not a political agitator, but a religious preacher
\nand social reformer; the proposed lecture had nothing to do with
\nthe Mahomedans and was upon the Hindu Puranas, and there
\nwas no breach of peace or any approach to a breach of the peace
\nat Monghyr. So much for the accuracy. Secondly, Mr. Swinhoe
\nought to have known that, although a lecture may be against the
\ninterests of the Mahomedans, "Against the interests of the Mahomedans" cannot be the title or subject of a lecture, and we can
\nonly suppose that this satisfactory witness was a badly-educated
\ndetective or informer who either did not know his own meaning
\nor could not make it clear to Mr. Swinhoe. Nor is it alleged that
\nthe preaching in Monghyr resulted in a breach of the peace, only
\nthat it nearly so resulted. On such incorrect and flimsy evidence,
\ngiven ex parte<\/i> and without any opportunity to the lecturer to
\nexpose its falsity, a magistrate is able and willing to deprive a
\ncitizen of his civic rights for two months and hamper a legitimate
\nmovement. If, after proper enquiry, the Magistrate had found
\nthat there was likely to be anything inflammatory in the lecture,
\nhe could have stopped the speaker from giving that or any
\nsimilar lecture, but, even so, there would be no ground for a
\nprolonged denial of civic rights. Farther, it is not enough that a
\nlecture should be against the interests of any community, for<\/font><\/p>\n\n <\/p>\n \nPage \u0096 227<\/font><\/p>\n
\n\nthere may be such a thing as legitimate
\nopposition of interests;<\/font> the conversion of Hindus to
\nMahomedanism is against the interests of Hindus and the conversion of Mahomedans to Hinduism
\nis against the interest of Mahomedans, but neither religion can,
\non that ground, be denied the right of proselytisation. If it be
\nargued that wherever the exercise of legitimate rights may lead to
\na breach of the peace, that exercise may be stopped, we say that
\nthis is a most dangerous principle, since it would be enough
\nfor any section of the community to break or threaten to break
\nthe peace to stop others from the exercise of their legitimate
\nrights. On such grounds Mr. Asquith should be debarred from
\nholding any meeting because the suffragettes climb walls and
\nthrow stones wherever he goes ! Such a principle simply means
\nputting a premium upon lawlessness. In other countries the
\nindiscreet use of powers by Magistrates is restrained by public
\nopinion but in India there is no such safeguard.<\/font><\/p>\n <\/p>\n \n(Since the above was in type, the
\nPolice have undertaken to
\nprove their statements, and the facts stated above must be taken
\nas Pandit Bhoje Dutt’s side of the case. Our general criticisms of
\nthe policy of the order remain unaffected. The chance now given
\nto the Police to substantiate their case ought to have been given
\nto the Pandit before the order was passed. \u0097 EDITOR<\/span>)<\/font><\/p>\n\n <\/p>\n \nPage \u0096 228<\/font><\/p>\n
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