HC Deb 15 April 1853 vol 125 cc1216-7
MR. J. G. PHILLIMORE

said, he wished to ask the right hon. President of the Board of Control, whether any steps had been taken to investigate the charges made by Hudall Seth, of Bellungury, on the 11th of July, 1850, at Agra, against Mr. C. B. Denison, and his immediate superior, Mr. Gubbins, the joint magistrate and magistrate of Agra; and whether those gentlemen still held official situations in India?

SIR CHARLES WOOD

said, he had to state, that the Governor General sent Sir Robert Barlow, one of the Judges of the Sudder Adawlut, the highest Court at Calcutta, to investigate the complaint against Mr. Gubbins and Mr. Denison; and he was anxious to associate with him one of the Judges of the Supreme Court of Calcutta; but as some delay occurred before the inquiry could be begun, and the sittings of the Supreme Court were to be resumed, the latter was obliged to return to Calcutta. The inquiry was carried on by Sir Robert Barlow, at Agra, and it had resulted in the refutation of all the charges preferred against Mr. Gubbins, except that of having demanded excessive bail, for which he had to pay heavy damages. As to Mr. Denison, the charge was, that he had used intemperate language in Court, which he (Sir C. Wood) was sorry to say was true, and also with having illegally detained a person in his compound. The person was detained in consequence of not finding bail; but the illegality was in detaining him in his own house instead of sending him to prison, although it was intended as an indulgence to the person detained. In this case, too, Sir Robert Barlow considered the amount of bail demanded to be excessive.

MR. J. G. PHILLIMORE

Do I understand the right hon. Gentleman to say that both these gentlemen are still holding judicial situations in India?

SIR CHARLES WOOD

Mr. Gubbins continues to exercise his functions as a magistrate; and Mr. Denison, who had been previously selected for his good conduct for an appointment in another part of India, is in the discharge of his duties, but not at Agra.

MR. OTWAY

said, he would take that opportunity of asking the right hon. President of the Board of Control whether he had received intelligence of the dismissal of two Judges of the Sudder Adawlut by the Bombay Government; and, if so, whether he would inform the House of the cause of the dismissal of those high officials?

SIR CHARLES WOOD

said, he had received by that morning's mail, in a private letter from Lord Falkland, information that the fact of the dismissal of the two Judges was correct; but the papers relating to the matter would not be sent home until the next mail, and he should wish, therefore, to defer giving any further answer to the hon. Gentleman's questions until he had received the official account.

MR. OTWAY

Am I to understand that we shall have no information until the next mail?

SIR CHARLES WOOD

I have no information except what I have received in a private letter, and I do not think it would be fair to either party that I should state what it is.

MR. OTWAY

Then, I take this opportunity of stating that I shall bring the subject of the dismissal of these judicial officers by the Bombay Government under the consideration of the House, on the first opportunity I can find of doing so.

Subject dropped.