HC Deb 29 June 1909 vol 7 cc209-10
Sir HENRY COTTON (in the absence of Mr. Mackarness)

asked the Under-Secretary of State for India whether the attention of the Secretary of State has been called to the comments made by the High Court of Calcutta in the Midnapur appeal upon the conduct of the magistrate of Midnapur in procuring confessions of guilt from the accused, which were not voluntary, and upon the procedure of the joint magistrates in recording them; and whether at the inquiry which has been ordered those gentlemen will be given an opportunity of explaining their conduct?

The MASTER of ELIBANK

The Secretary of State is aware of the comments made in the High Court's judgment on the action of the magistrates referred to in the question. The inquiry, which is proceeding, will include all points in which the conduct of the local officers has been impugned, and those officers will have the fullest opportunity of explaining their conduct.

Sir HENRY COTTON

Is it a fact that the magistrate, Mr. Weston, has been appointed as an assistant to the Commissioner who is making the inquiry?

The MASTER of ELIBANK

I must ask for notice.

Mr. KEIR HARDIE

Are there any magistrates among the accused?

The MASTER of ELIBANK

I should like notice.

Mr. BENNETT

asked whether, in view of the fact that upwards of 150 persons were originally arrested by the police as being concerned in the alleged conspiracy at Midnapur, that only three of the accused were found guilty by the magistrate, and that the convictions of those three have been set aside by the High Court as being based on confessions extorted from the accused by grossly illegal methods on the part of the police, he can state with what object or upon what fresh evidence the Government of Bengal has ordered a further inquiry into the circumstances of the alleged conspiracy?

The MASTER of ELIBANK

The late Lieut.-Governor of Bengal announced in August last that an inquiry into the existence of a conspiracy in Bengal would be held, and the terms of reference, under which the present inquiry is being held, have been so drafted as to carry into effect the intention which was thus made public. As to this, I would refer the hon. Member to the answer given to the hon. Member for Nottingham last Tuesday.

Mr. REES

Is not the Government of Bengal competent to order inquiries at its own discretion without disclosing such facts as would render the inquiry unavailing?

The MASTER of ELIBANK

I must ask for notice.