HC Deb 04 November 1909 vol 12 cc1985-6

asked whether the inquiry made by the Government of the Punjab into the conduct of the police in the case of Ghulab Banoo resulted in an agreement on the part of the Executive Government with the judge and Indian assessors, who had the advantage of seeing the witnesses under examination and cross-examination; whether the judges of the Chief Court did or did not enjoy that advantage; whether the police are servants of the Executive or Judicial Department; and whether the Executive Government is under any obligation to conduct an executive inquiry, under the rules relating to judicial inquiries, or to take any action onobiter dictaof the courts regarding the conduct of the police?


The conclusions of the Punjab Government agreed with those of the judge and assessors, who had the witnesses before them. It is understood that the judges of the chief court did not have the witnesses before them when the case was argued in appeal. The police are servants of the Executive Government, who would ordinarily make inquiry into the facts of any case in which their conduct was thought by the courts to call for investigation.


Does the decision as to whether a prosecution shall take place depend on the same men who conduct inquiries in the first instance?


The hon. Member is to a certain extent correct.