BANGABANDHU SPEAKS

Karachi, Friday, the 3rd February, 1956, 3. P. M

The Constituent Assembly of Pakistan met in the Assembly Chamber, with Honourable Deputy Speaker the Honourable Mr. C. E. Gibbon in the Chair to discuss Freedom of Press and freedom of expression.

Honourable Deputy Speaker: Mr. Khaleque told us all about it.

Mr. Mahmud Ali: I have also provided in the amendment for non-authorisation. With these words, Sir I, commend my amendment for the acceptance of the House and hope that the Honourable Minister in charge of the Bill will see to the justice of those provisions and will accept my amendment.

Sheikh Mujibur Rahman: Sir, I support the amendment of Mr. Mahmud Ali. I do not like to deliver a long speech, as my other friends have already shown that "freedom of expression" does not cover "freedom of the press''. Sir, it has not been specifically mentioned in the Constitution, because they want to suppress their political opponents. Sir, we are members of this House, but, you will be surprised to know that every letter of ours is censored. Perhaps you do not know but the Interior Minister knows. Every letter from our relatives, or wives is censored in Karachi. Although we are the members of the Constituent Assembly, our phones are being tapped. Sir, the Minister of the Interior cannot deny that.

Honourable Deputy Speaker: Why do you not bring a privilege motion?

Sheikh Mujibur Rahman: I will bring it. Sir, when I have more proof. Sir, the Government is very shrewd.

Honourable Deputy Speaker: You admit it is shrewd.

The Honourable Mr. I. I. Chundrigar: Sir, if the Honourable Member is not sure of his facts, certainly he should not make a statement before the House.

Sheikh Mujibur Rahman: I have suffered, Mr. Chundrigar, I know what they do about these things. Our letters are censored, can you deny the fact? Can the Interior Minister deny the fact? Our phones are tapped and our letters re-censored. You say that "freedom of expression" means freedom of press. Do you know that in East Bengal, the editors are called and it is said ``you cannot write this, you cannot write that". They cannot even write facts Sir, I can prove it. The Government of East Bengal writes, or a clerk writes it; the order goes from the Secretariat that ''you cannot discuss these things". A sub inspector goes on behalf of the Government to stop the Press from writing a particular thing. Mr. Haroon knows that this is done because for some time his Paper was also censored.

Sir, we are making a Constitution for the whole country, not for 80 persons sitting here, We want that freedom of press should be guaranteed specifically. Instances have been given here how our friends in the Government are behaving.

Sir, if you see the original clause, they have said that ''there will be freedom of expression, subject to any restriction imposed by law". Sir, according to this, the Government can impose any law. They can say "your letter will be censored, your phones will be tapped, you cannot move" Therefore, it should be laid down that the press will have freedom, the press will have liberty to write their mind and mobilise public opinion. I, therefore, request the Honourable Law Minister to accept the amendment of Mr. Mahmud Ali, categorically mentioning all these freedoms, so that the people of Pakistan may be satisfied that they have some tights for them in the Constitution.

Honourably Deputy Speaker: The House stands adjourned for half an hour for Asr Prayers. The Assembly then adjourned for Asr Prayers.

The Assembly re-assembled after Asr prayers at twenty minutes past Five of the Clock, in the Evening with Honourable Deputy Speaker, the Honourable Mr. C. E. Gibbon in the Chair.

Sheikh Mujibur Rahman: (East Bengal: Muslim) Now Sir, Supporting the amendment of Mr. Fazlur Rahman, I want to draw the attention of the Honourable Law Minister to the point that there should be no restriction in discussing the pacts or agreements entered into by our government with any other friendly country. Mr. Mansur Ahmad has already discussed about this point and without going into any further detail, I would request the Law Minister to accept the amendment moved by Mr. Fazlur Rahman. I do not understand what is the harm in expressing our views with regard to friendly relations of the countries which are on friendly terms with us. The people and the Press should have full liberty to talk about it. After all, it is not going to harm the people who are in power. These friendly relations exist for the country and people as a whole, Sir, Honourable Members on that side have a right to put unreasonable restrictions if they do not want to accept the amendment moved by Mr. Fazlur Rahman. They can do it because they are in power. I would appeal to the Honourable Law Minister in the name of better Constitution because it is a matter of fundamental principles of the citizens of Pakistan to accept this amendment. In this connection I would say only one thing. In all democratic countries of the world, there are always two parties, one party is in power and the other is in Opposition. Government may come and Government may go but the country remains for ever. The State will remain, the people will remain. This Government is making some pacts with other countries of the world but that pact might harm the interests of Pakistan as a whole in economic and other spheres of our country. Now, how the opposition party can discuss these pacts? There must be Some ulterior motives in providing these words here. Now Sir, if the Opposition does not like a particular pact entered into by our government, they have got a right to mobilize public opinion against that pact and they might point out to the people that this particular pact is harmful to the country as a whole and to the people and nation as a whole. But the Government here thinks that whatever pacts they make, they feel, that they are for the betterment of the country. In spite of the fact that the Ministry or the Government in power might not be popular as was the case with the Muslim League Ministry in East Pakistan yet they might think that they are very popular with masses and, therefore, whatever they would do, that would be acceptable to the people as a whole. It might be that the Government in power enters into a pact which is harmful to the Country, which is against the interest of the people as a whole and if the Opposition Party wants to discuss it and mobilize public opinion against this particular part by telling them that it is detrimental to the interests of Pakistan, how would they be able to do this? Our Government Sir, has entered into several pacts with foreign countries, such as SEATO Pact, Baghdad Pact and several other pacts. Many people do not like these pacts. They have a right to discuss these things; Press have got a right to say that these pacts are harmful to the country; some paper may write in favour of Government, some may write against it. I do not know whether the Honourable Law Minister can produce before this House any Constitution of the world, where it has been written that nobody can discuss about the friendly relations of other countries which are friendly to each other. Every country of the world is friendly to each other. There are so many friendly countries in the world with whom we have good and brotherly relations. But who will judge this question?

I have suffered, Mr. Chundrigar, I know what they do about these things. Our letters are censored, can you deny the fact? Can the Interior Minister deny the fact? Our phones are tapped and our letters re-censored. You say that "freedom of expression" means freedom of press. Do you know that in East Bengal, the editors are called and it is said ``you cannot write this, you cannot write that".

Government might say that they will judge it; people might say that, no, Government is wrong in declaring another country friendly, she is not our friend, she is our foe. Similarly Government might say that such country is our friend and such and such is our enemy. The Government will say that we are not going to be guided by the wishes of the people in this respect.

So you can easily understand the position how a great deal of liberty of the people has been curtailed. I feel, Sir, that they do not even feel that there are other parties also in Pakistan. What they are trying to make is that there is only one party in Pakistan.

Sir, they want only one party in Pakistan, because if there is one party, there will not be any opposition or criticism about foreign relations. Our Government does not like criticism: whatever foreign relations make, you have to accept them. This is the fundamental point. The framers of this Bill say it is a small point and why we take so much time discussing it. But, Sir, it is a very important point. Mr. Yusuf Haroon is ready there with instructions from his party.....

Mr. Yusuf A. Haroon: It is all repetition. They are not putting forward any new argument.

Sheikh Mujibur Rahman: Sir, I request the Honourable Law Minister and the Coalition Party to accept this amendment so that the people will have some right to say something about our foreign relations with the foreign countries, which is the fundamental right of the people. Sir, this is an important matter, because if the Government formulates a wrong foreign policy, the country will be ruined. It is, therefore, necessary that the people should have right to speak about these matters. The country as a whole is responsible for the conduct of foreign relations. I, therefore, appeal to the Honourable Minis:er to accept this amendment.

An Honourable Member: The question may be put.

Sheikh Mujibur Rahman: Sir, I support the amendment.

Honourable Deputy Speaker: The question is.....

Sheikh Mujibur Rahman: I got up first. How could they put this question? They feel that they can do whatever they like. They can speak in the middle of my speech, they can say, "you go out from the House". Sir, my honourable friend, Mr. Hamidul Haq Choudhury, has raised a few points.....

Honourable Deputy Speaker: If you take even one-fifth more of the five minutes, I will pull you up.

Sheikh Muijbur Rahman: You have already taken one minute, Sir, I will now need six minutes.

Sir, my honourable friend, Mr. Hamidul Haq Choudhury, has said that this is for the first time that we are getting our fundamental rights. Sir, we are getting the fundamental rights for the first time after we took birth. During the British days we had the right to deliver speeches, address the public meetings and mobilise public opinion against the British Government. This is the first time that after independence we are getting these fundamental rights and therefore these rights should be granted.

Sir, Mr. Hamidul Haq Choudhury will remember that in 1948 when he was Finance Minister under Khwaja Nazimuddin, who was Chief Minister of Bengal, we had declared Bengali State Language Day. Then, Sir, we were lathi-charged, section 144 was imposed and I, along with many friends, was put in jail. He knows, Sir, how to curtail the liberties of the people…

Honourable Deputy Speaker: How did you escape?

Sheikh Mujibur Rahman: Sir, many times I went to jail and escaped because I have got the courage. Sir, the members on this side of the House know that I have addressed the largest number of meetings...

Sheikh Mujibur Rahman: Sir, my experience shows that the restriction under section 144 is there many times. Sir, the members from that side have said that if we accept this, there will be no section 144. Sir, we do not want 144. We want to save ourselves from section 144; we want to save the country from it. We have suffered, For example, Sir, if Mr. Suhrawardy wants to address a meeting a sub-deputy collector or a magistrate can go to Mr. Suhrawardy and can say: "There will be disorder, I want to impose 144; Mr. Suhrawardy you go back". This is my first argument.

Honourable Deputy Speaker: What is your second argument?

Sheikh Mujibur Rahman: Sir, my second argument is about provincial autonomy. What an argument has been given, Sir, by the Honourable Foreign Minister, who represents our country before the foreigners and who talks to the people from foreign countries. He discusses matters with all foreign diplomats in Karachi and abroad. Sir, where my countrymen will go if such a person represents Pakistan. I feel that whatever prestige is left of my country abroad, he will finish it and will bring down the respect of Pakistan in the foreign countries. Sir, he is not giving us autonomy so far as financial allotment is concerned, so far as our sales tax and other taxes are concerned, so far as our industries are concerned; but he is giving us autonomy where the fundamental rights are concerned. Sir, this question of fundamental rights is not a question for the province, or for the Centre; it is a question which relates to all the provinces, it is a matter which concerns all the citizens of Pakistan. I cannot understand how it is provincial autonomy. Sir, restrictions are already there; now they are putting restrictions over and above them by giving power to the authorities.

Sir, our country is a democratic country. We claim that we are giving a democratic constitution. Then why deny this right to the people? Sir, you must have seen that in Italy's Constitution they have given this right. This they included after experiencing the difficulties under Mussolini. Sir he was a Fascist. He destroyed all the opposition parties of Italy and he killed the Opposition leaders. When Mussolini was killed they called the Assembly to make a Constitution and they gave this right to save the country from another Fascist. Sir. I do not understand that when our country is not a Fascist country, when we claim that we are giving a democratic Constitution to the country, then what is the difficulty in giving this right to the people. Sir, the Honourable Law Minister is not here, I wanted to appeal to him. I do not know if I should appeal to Mr. Rashdi, and be will represent my case….

The Honourable Pir Ali Mohammad Rashdi (West Paki stan: Muslim): Yes, I will represent your case.

Sheikh Mujibur Rahman: Yes, you know how to represent. Sir, I wanted to appeal to the Law Minister, but he is not present here. I appeal to everybody to accept this amendment. I want to tell them that today you are in power; tomorrow you may not be in power, you may be in Opposition; then this 144 may be used in your meetings. In the name of Islam, which you utilize for vote, please accept this amendment and show to this country and to the world that this is an Islamic Constitution, and your country is a democratic country.

Source: Speeches of Sheikh Mujib in Pakistan Parliament (1955-56). Vol-1. Compiled by Ziaur Rahman. Hakkani Publishers. 1990.