HC Deb 26 April 1904 vol 133 c1194
MR. SCHWANN

I beg to ask the Secretary of State for India whether, looking to the expenditure of public money upon the criminal prosecution of Mr. Tilak, he will state whether, before undertaking this prosecution on the recommendation of Mr. Aston, the district Judge, the Bombay Government took the advice of their law officers; and whether he is aware that Mr. Aston's civil decisions, in the case out of which the criminal prosecution arose, were upset by the High Court.

THE SECRETARY OF STATE FOR INDIA (Mr. BRODRICK,) Surrey, Guildford

As I stated in my answer to the hon. Member on the 14th inst.,† I have no official information in regard to this case; but if he will refer to the reply which I then gave, he will see that, as I have every reason to think, the prosecution was not undertaken by the Bombay Government on the recommendation of Mr Aston, but was instituted by the direction of the Judge himself. This direction, as I said, he had power to give under the Act which I cited.

MR, SCHWANN

May I offer the right hon. Gentleman a copy of the Judges' decision which I have just received from India?

[No answer was returned.]