Civil Liberty Under the New Constitution : Freedom of Association, Freedom of Speech And Press, Freedom of Person ; Being Papers Submitted to the Indian Civil Liberties Conference Held in Madras On 16th And 17th July, 1949

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449.
Freedom OF 'Assn. 14 processes of law, and who can. for instance, be detained indefinitely in prison without being able to have recourse to a writ of habeas corpus. The rule of personal guilt will apply in each case. What the practical effect of the proscription will be is thus uncertain. AH th^t it is desired to point out here is that proscription, if it takes place, will not come into effect by arbitrary executive action, but by action based on evidence produced in open court and pronoun
...ced by the judiciary to be sufficient to prove the guilt- What the United States government is now doing, it will be seen' satisfies the test laid down by Professor Laski.
13. Some details of this case may be given in order to clarify the issue. A dozen topmost leaders of the Communist party in the United States are being tried under sec. 2 of what is popu- larly called the Smith Act of 1940.* They are charged with con.
spiring to organise, as the American Communist party, a body of persons who "teach and advocate the overthrow and destruction of the government of the United States by force and violence " and with similar other things.


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