HC Deb 17 December 1908 vol 198 cc2114-9
MR. REES

I beg to ask the Under-Secretary of State for India whether he will give the caste in each case of the persons convicted in India of sedition, bomb-throwing, and other crimes of the like character during the present year.

MR. BUCHANAN

As I stated yesterday the Secretary of State is unable to give this information.

* MR. REES

I am sorry I did not hear the right hon. Gentleman's Answer yesterday—there was a noisy demonstration at the time—but does he not consider it very desirable that this should be done so that the limitations of this agitation may be made clear to the House?

MR. BUCHANAN

I do not think it desirable to add another column to the Return asked for.

SIR H. COTTON (Nottingham, E.)

Have not all the persons punished been of the upper caste?

MR. BUCHANAN

I am not prepared to admit that.

* MR. REES

Have they not all been Brahmins?

MR. BUCHANAN

I will leave the hon. Gentlemen to settle that point between them.

MR. MACKARNESS (Berkshire, Newbury)

Will the return, when published, be brought up to the end of this year.

MR. BUCHANAN

No doubt it will be brought up to as late a date as possible.

SIR H. COTTON

I beg to ask the Under-Secretary of State for India whether he can state the reason of the arrest of Mr. Krishna Kumar Mitter, I in Calcutta, and of Messrs. Aswini, Kumar Dutt and Pulin Behary Dutt, in Eastern Bengal; what charges have been made against them; and under what law have proceedings been taken; in their case.

The following Questions were also on the Paper—

MR. MACKARNESS

To ask the Under-Secretary of State for India whether he will state how many British subjects in India have been arrested and deported without trial, and upon what evidence; what is the charge made by the Indian Government against them; has the charge been made known to them; and have any or all of them been given any opportunity of answering the charge.

SIR H. COTTON

To ask the Under-Secretary of State for India if he can state the reasons why it has been deemed necessary to arrest and deport nine leading Nationalists in Bengal without charge or trial under Regulation 3 of 1818, instead of proceeding against them under the ordinary law in the Courts of justice.

MR. G. GOOCH

To ask the Under-Secretary of State for India whether he can inform the House on what grounds nine Indians have recently been arrested under the Regulations of 1818; and whether they will speedily be brought to trial.

MR. BUCHANAN

I may perhaps be allowed to answer the four Questions on this subject together. Nine persons in all have been arrested under Regulation III. of 1818; under that Regulation it is not necessary to formulate charges against them, and they will not be brought to trial, but the Government of India are satisfied that their seclusion under the Regulation is necessary "for the security of the British dominions in India from internal commotion." The prisoners are, no doubt, aware of the grounds on which they have been arrested, and it is open to them to forward to the Governor-General in Council any representations they desire to submit.

SIR H. COTTON

May I ask whether these persons have been arrested under that portion of the regulation which declares that it is necessary to place under personal restraint individuals against whom there may not be sufficient ground to institute any judicial proceedings?

MR. BUCHANAN

They have been arrested under the terms of that part of the regulation to which I have referred.

SIR H. COTTON

Why were judicial proceedings not taken against them?

MR. BUCHANAN'S

reply was inaudible.

MR. KEIR HARDIE (Merthyr Tydvil)

Can the right hon. Gentleman say whether any proceedings have ever been taken in this connection against Mr. Krishna Kumar Mitter and whether Mr. Kumar Dutt, on being accused of sedition a year ago, did not successfully raise an action for damages against the official who brought the accusation?

MR. BUCHANAN

asked for notice of the Question.

* MR. REES

Is the regulation of 1818 the regulation under which Lajpat Rai was deported from the Punjab with such satisfactory results?

MR. BUCHANAN

It is the same regulation.

MR. MACKARNESS

Can the right hon. Gentleman say whether these persons have been told what is the charge against them, and, if so, what is their answer?

MR. BUCHANAN

I have stated that they have full opportunity of forwarding to the Governor-General in Council any representations they desire to make.

MR. MACKARNESS

Were they told before they were deported for what reason they were to be deported?

MR. BUCHANAN

I have no reason to believe that they are ignorant on that point.

MR. MACKARNESS

Has the right hon. Gentleman any reason for thinking—

* MR. SPEAKER

Order, order. The hon. Member has had two or three supplementary Questions already.

MR. RAMSAY MACDONALD (Leicester)

May I ask whether this Mr. Krishna Kumar Mitter is the author of a very fervent and eloquent appeal to young men to refrain from murder and disorder, published immediately after the attempt on the life of Sir Andrew Fraser?

MR. BUCHANAN

I cannot answer that.

* MR. LUPTON

Have the Indian Government lately been in consultation with M. Stolypin?

[No Answer was returned.]

SIR H. COTTON

I beg to ask the Under-Secretary of State for India whether his attention has been drawn to a case in Allahabad in which the youthful editor of a newspaper called the Swarajya or "Self-Government," has been sentenced to seven years transportation three times over, for sedition, the sentences to run concurrently; whether any appeal lies in this case; and whether the Government propose to take any action to the severity of the orders passed.

* MR. REES

May I ask whether a man who is old enough to edit a newspaper is not old enough to know better?

MR. BUCHANAN

The attention of the Secretary of State has been drawn to this case. The accused is entitled to appeal. I have no reason to think that the Government of India proposes to take any exceptional action.

SIR H. COTTON

I beg to ask the Under-Secretary of State for India if he can state when the Return regarding seditious prosecutions in India, which was promised in June last, will be laid upon the Table of the House.

MR. BUCHANAN

The Secretary of State hopes to present early next session the Return for which the hon. Member moved on 29th July. The delay has been due to the necessity of going to the local authorities for accurate information.

SIR H. COTTON

I beg to ask the Under-Secretary of State for India whether Mr. Pulin Behary Das, of Dacca, has been arrested and deported without charge or trial after criminal proceedings had been instituted against him in the ordinary Courts of the country and the prosecution had failed.

MR. BUCHANAN

The person has been arrested under Regulation 3 of 1818; the criminal proceedings against him did not fail, but were interrupted by the murder of the principal witness, and he was only released on bail.

MR. MACKARNESS

On whose evidence were these persons arrested under this Regulation?

MR. BUCHANAN

They were arrested after the most careful examination had been given to statements submitted by the best authorities.

MR. LUPTON

Was the evidence subjected to cross examination?

MR. MACKARNESS

Was it the evidence of the police?

* MR. SPEAKER

Order, order. That does not arise out of the Question.

* MR. REES

I beg to ask the Under-Secretary of State for India whether, in native States in India, laws do not exist of the like character with Regulation 3 of 1818; and whether such laws are not enforced in such States from time to time by the ruling chiefs.

MR. BUCHANAN

Native States have laws and usages of their own, with which, except in proved cases of gross maladministration, the British Government is under treaty obligations not to interfere. I am not in a position to state the laws on the subject referred to in the Member's Question that may be in force in the various States, or how far cases that arise are dealt with in accordance with usage. But, whether by law or usage, the Durbars of Native States are in a position to take action, when necessary, of a similar nature to that authorised by Regulation 3 of 1818.