HC Deb 16 February 1891 vol 350 cc666-7
MR. MAC NEILL (Donegal, S.)

I beg to ask the Under Secretary of State for India whether the Secretary of State for India is aware that Mr. Fordyce, in January, 1890, as Sub-Divisional Commissioner of Madhepur, in Bhagolore, committed one Barassur Kundu to trial at Sessions, causing him to be kept in custody for three months; that the Sessions Judge, Mr. Badcock, in acquitting the prisoner, commented on the Deputy Magistrate's "want of common sense in not discharging the accused"; whether he is aware that Mr. Fordyce, in May, 1890, sentenced a man to three months' imprisonment; that the appeal from this sentence was not heard till the original term of imprisonment had almost expired; and that the District Magistrate, Mr. Marindin, who heard the appeal, ordered the prisoner's release, censuring at the same time Mr. Fordyce's "disregard of instructions received from superior judicial authority," and commenting on his unfitness to be entrusted with judicial powers; and whether the Secretary of State will inquire if Mr. Fordyce is still in the Service, and still entrusted with judicial and magisterial powers?

THE UNDER SECRETARY OF STATE FOR INDIA (Sir J. GORST, Chatham)

The Secretary of State has no official information on this subject, but he has reason to believe that Mr. Fordyce has no independent charge, but is under the immediate supervision of superior Magistrates.

MR. MAC NEILL

Will the right hon. Gentleman answer this question: Is this Anglo-Indian Resident Magistrate still in the pay of the Government of India?

SIR J. GORST

I cannot tell that.

MR. MAC NEILL

If the right hon. Gentleman is unable to say whether Mr. Fordyce, the Resident Magistrate, is still in the pay of the Indian Government, will he be able to answer the question within a specified time—say before the Indian Budget is discussed?

SIR J. GORST

Oh yes, Sir; I can tell that. Mr. Fordyce is in the pay of the Government of India.

MR. MAC NEILL

And is it intended to continue him in the Service of the Indian Government?

SIR J. GORST

No, Sir; that I cannot tell without knowing what the intentions of the Government may be.

MR. MAC NEILL

Then I will repeat the question to-morrow.