Circular from the Government of India to all Provincial Governments on the release of convicted Communists

GovernmentSECRET

Date: 1942-04-21
From: Sir Richard Tottenham, C.S.I., C.I.E., I.C.S., Additional Secretary to the Government of India, Home Department, New Delhi
To: All Provincial Governments
Classification: SECRET
File reference: No. 7/10/42-Poll(I)
Page: p. 1, complete
Document type: Circular letter (Government of India, Home Department)

Signatories

Sir Richard TottenhamAdditional Secretary to the Government of IndiaAutograph signature, partly legible: "R. Tottenham"
[name not given]Under Secretary to the Government of IndiaAutograph signature on the forwarding endorsement, illegible

Marginalia & annotations

Red crayon "(1)" upper right and a red diagonal stroke; manuscript "20.no" upper right; manuscript "14" at foot. Typist's mark "Mukerjee.20." at foot left. Red archival "4".

Transcript verbatim

S E C R E T.                     -1-

                        No.7/10/42-Poll(I).
                        GOVERNMENT OF INDIA,
                          Home Department.

From
        Sir Richard Tottenham, C.S.I., C.I.E., I.C.S.,
                Additional Secretary to the Government of India,

To
        All Provincial Governments.

                        New Delhi, the 21st April 1942.

Sir,
        It has been suggested that the cases of Communists who have
been convicted of offences involving anti-war activity frequently
differ from the cases of Communists detained under Rule 26 of the
Defence of India Rules only in so far as definite evidence of
a nature which could be produced in court was available against
the former and not against the latter; that, owing to their change
of attitude and desire to assist in the prosecution of the war,
it has now been found possible to release a considerable number of
Communists who were detained under Rule 25 [sic — recte 26] of the Defence of India
Rules; and that similar considerations should be applied to these
convicted Communists, in any case where the individual has undergone
a genuine change of heart and wishes to assist in the prosecution
of the war.

2.      The Government of India are clear that the mere fact that a
person professes to wish, or even genuinely wishes, to assist in
the war effort cannot be held to justify the remission of his
sentence if he has been convicted of violent or subversive crime,
or of activities directed towards the promotion of such crime.
They are inclined to the view, however, that a distinction
might legitimately be made between such persons, and Communists
convicted of anti-war activities not involving violence, such
as for instance the possession or distribution of anti-war
leaflets etc., and that the latter might with advantage be released
from jail if there were good reasons to suppose that they would
then genuinely assist in the war effort. The Government of India
do not in any case imagine that the number of such persons would
be very great and they would be glad to be furnished as soon as
possible with the general views of the Provincial Government
on this matter.

                        I have the honour to be,
                                Sir,
                        Your most obedient servant,

                        [signed] R. Tottenham

                Additional Secretary to the Government of India.

                        No.7/10/42-Poll(I).

                New Delhi, the 21st April 1942.

        Copy forwarded to the Secretary to the Governor-General
(Public) and Director, Intelligence Bureau, for information.

                        By order,

                        [signed, illegible]

                Under Secretary to the Government of India.

Mukerjee.20.