6. (a) Regarding automatic disqualification under Article 5 a note for West Pakistan has been prepared in the office of the I.G.P., S.P.E. A copy of this note has been obtained from the S.P., S.P.E., Dacca. It is enclosed for your perusal.
(b) Mr. K.A. Haque pointed out in the Conference at Karachi that in East Pakistan police have powers of arrest under the East Pakistan Public Safety Act and Government orders for detention are passed within 30 days of arrest. During 92 'A' regime in 1954, when arrests were made on a large scale, in a number of instances police could not finish investigation and submit materials to furnish grounds of detention to arrested persons concerned within 30 days of arrest. For completion of investigation Government orders were passed for detention of these persons for 2/3 months, after which a bulk of them was released. He, therefore, suggested that only those persons who were supplied with grounds of detention should stand disqualified under Article 5(b) of the E.B.D.O. Mr. Haque is to submit a note on the subject for decision of the Government.
(c) Regarding disqualification under Article 5(d) of the E.B.D.O., the opinion of the Karachi Conference in general was that it may not refer to cases disposed of prior to the Partition, as it may affect some of the lighters for freedom'. Decision will issue from the Ministry of the Interior.
(d) I suggested in the Conference that if a candidate to an Elective Body gives a certificate in his application/nomination form that he does not stand disqualified under Article 5 of the E.B.D.O., the problem will be materially solved. It was accepted.
I hope, the foregoing will be helpful to you for preparation of cases under the E.B.D.O.
S.A. CHAUDHURI
A.M.A. Kabir, Esqr., P.S.P.,
D.I.G. of Police,
Intelligence Branch, Dacca.
TOP SECRET
Bureau of Anti-corruption,
L. Pakistan.
Dacca, the 5th September. 1959.
Mcmo. No.4 A.B. (E)/3
Copy forwarded for information to:—
- (1) A Q. Ansari, Esqr.. Add. Secretary to the Govt. of E. Pakistan. A.C. Department, Dacca,
- (2) K.A. Haque, Esqr., P.S.P., Director, Bureau of National Reconstruction, East Pakistan, Dacca, and
- (3) A.K.M. Hafizuddin, Esqr, P.S.P.. J.P., S.Q.A.. Inspector-General of Police, East Pakistan, Dacca.
Bureau of Anti-Corruption. E.P.,
Dacca.
