§ Mr. BYLESasked the Under-Secretary for India whether, in the case of the recent confiscation by the Government of Bengal of large quantities of waist cloths on the ground that they were seditious documents within the meaning of the new Press Act, the owners of these documents received, or were entitled to receive, any warning that the documents were considered seditious or were given any opportunity of making any explanation; and, if not, whether they have any right of appeal to a court of justice against this action of the executive?
§ The UNDER-SECRETARY for INDIA (Mr. Montagu)Yes, Sir, a warning was issued by notification in the "Calcutta Gazette." The owners have the right of appeal to the High Court, as was explained in my answer of 21st March to my hon. Friend the Member for Newcastle-under-Lyme.
§ Mr. BYLESMay I ask whether the hon. Gentleman would object to exhibit one of these seditious articles in the Library?
§ Mr. MONTAGUThere is none at the moment in England.
§ Mr. RAMSAY MACDONALDasked whether he is now in a position to state under what law a warrant has been issued against Arabindo Ghose; whether proceedings are to be taken against the 228 printer of his paper as well as against himself; and whether copies of the offending article can be placed in the Library for the information of Members?
§ Mr. MONTAGUThe Secretary of State is not yet in a position to add anything to the answer given to my hon. Friend on 14th April, but he hopes to have full information very shortly.
§ Mr. KEIR HARDIEasked whether the right hon. Gentleman will grant the Return standing on the Order Paper for to-morrow in the name of the hon. Member for Merthyr Tydfil, showing the prosecutions for seditious speeches and writings which have been instituted in India since the 1st day of January, 1908, showing the names and descriptions of the persons charged, the court which tried them, and the precise character of the charge and the decision in each case (in continuation of Parliamentary Paper, No. 50, of Session 1909)?
§ Mr. MONTAGUThe Secretary of State will give instructions for the preparation by the Government of India of a Supplemental Return to bring up to date the information given in the Parliamentary Paper referred to in my hon. Friend's Motion.
§ Mr. O'GRADYasked whether there is any law or administrative order in India which prohibits a newspaper from publishing a fair report of judicial proceedings in charges of sedition, including the spoken or written matter which is the subject of the charge; and, if so, would he state when the law was passed or the order issued?
§ Mr. MONTAGUThe Secretary of State is not aware of any specific prohibition applying to reports of cases of sedition, but he is advised that if the reproduction of seditious matter which has formed the subject of a judicial proceeding is itself likely to excite disaffection a newspaper publishing such matter would be liable to prosecution under Section 124a of the Penal Code of 1860.
§ Mr. O'GRADYasked whether he has any official knowledge that one Nand Gopal, an Indian journalist, has recently been convicted of the offence of sedition and sentenced to ten years' transportation by the Sessions Judge of Allahabad, although in the unanimous opinion of the three assessors of the court he was not guilty of the offence; whether he can state 229 what is the age of the prisoner; and whether there was any special reason for so heavy a sentence?
§ Mr. MONTAGUThe Secretary of State has no official information on the subject, but he is making inquiries. My hon. Friend is no doubt aware that an appeal lies to the High Court.