Dr. RUTHERFORDasked the Under-Secretary of State for India whether the policemen affected by the allegations of torture, outrage, and manipulation of evidence made by the judges of the Punjab Chief Court eight months ago in the Gulan Bano case have been, and are still, retained in the service of the Punjab Government; and, if so, whether he can say upon whose advice, and after what inquiry, the views of Mr. Justice Robertson and Mr. Justice Rattigan as to the conduct of the police have been set aside by the Executive?
The MASTER of ELIBANKThe Chief Court did not find that the allegations of torture by the police made in this case were proved. They were of opinion that on the evidence before them there was a strong case for a departmental inquiry. This inquiry has been held and the report has been submitted to the Government of India who have asked the local government for further information on certain points. Until a final report has been received the Secretary of State is unable to make any statement on the subject.
Dr. RUTHERFORDHas the Government of India issued orders forbidding all kinds of torture in the prisons?
Dr. RUTHERFORDIs it not the fact that the judges of the High Court in all parts of India have found and complained of torture?
§ Mr. SPEAKERThat does not arise out of this question.
§ Mr. MACKARNESSIs it the practice of the Government of India, when grave reflections have been cast upon the conduct of policemen by the High Court of Justice, to retain those policemen in their service, and does the Secretary of State approve of that practice?
The MASTER of ELIBANKThat does not arise out of this question of the hon. Member. I have stated that the Governor of India and the Secretary of State were awaiting a final report on this case. Until that final report is received, it is not possible for me to answer the hon. Member's question fully. If the hon. Member will put down his question at a later date, when we have received the information, I will endeavour to reply to it.
§ Mr. MACKARNESSWith great respect, this is the third time to my knowledge in this House—
§ Mr. SPEAKERThe hon. Gentleman is not entitled to make a statement of that kind—especially a controversial one.
§ Mr. MACKARNESSMay I ask—
§ Mr. SPEAKERWill the hon. Member put it down?
§ Mr. MACKARNESSasked the Under-Secretary of State for India whether the attention of the Secretary of State has been called to the judgment delivered on 12th June at Rawal Pindi by Mr. Dundas, the sessions judge, in the case of six men charged with murder upon a confession alleged to have been extorted from one Ghulam Mohammad by torture, the torture being described by the learned judge as racking, and the marks having been seen by him on the accused's legs and arms; whether the judge held that the investigation by the police was open to the charge of bribery as well as of torture, that their conduct called for inquiry, and: that the accused ought to be acquitted; and whether he can state what steps the Government of the Punjab has taken to bring home to the policemen concerned, their responsibility for what took place?
The MASTER of ELIBANKThe Secretary of State has no information on this subject. He has no doubt that the local government will deal sternly with any members of the police force against whom, offences of this nature may be proved. He will inquire as to the facts.