HC Deb 10 August 1911 vol 29 cc1337-9
Sir WILLIAM BYLES

asked the Undersecretary of State for India whether the Midnapore damage suit brought against the district magistrate and two police officers, alleged to have ill-treated certain persons who were accused by them of criminal conspiracy and acquitted in 1909, has now been before the Court of Culcutta for upwards of 160 days, and when it is [...]ikely to terminate; and whether the police officers and magistrate are being defended by the legal advisers of the Government of Bengal; and, if so, whether there is any precedent for such a course being taken, and what is the cost to the public of Bengal which has already been incurred for this defence?

The UNDER-SECRETARY of STATE for INDIA.(Mr. Montagu)

Judgment for the plaintiffs was given on the 7th instant and Rs. 1,000 damages awarded. It has been a recognised principle in India for more than sixty years that Government may assist its servants to vindicate their characters when they are attacked in connection with the performance of their official duties. The Bengal Government undertook the defence of the police officers in this case. I am not in a position at present to state the cost.

Sir W. BYLES

I understand from the answer that the legal advisers of the Government of Bengal did defend the police officers and magistrate. I would like to know if the costs of that defence will fall upon the people of Bengal? In view of the terrific condemnation of the police system I think it is important that the House should be thoroughly informed upon this subject.

Mr. MONTAGU

The legal expenditure of the Government of Bengal will fall upon the revenues of the Province of Bengal. I should deprecate hon. Members saying anything about the strictures passed upon the officers concerned, because the full judgment has not yet been published.

Sir W. BYLES

Has the judgment been published in the newspapers?

Mr. MONTAGU

No. The purport of the judgment has been telegraphed to this country, but I ask hon. Members to wait until they see the full judgment.

Sir W. BYLES

Does the hon. Member wish me to put down my question again a week hence?

Mr. MONTAGU

In about a fortnight.

Mr. KEIR HARDIE

Are the officers who are now being condemned to be allowed to retain the honours and promotions conferred upon them presumably for their conduct in this case, and, if not, what is going to be done in this matter?

Mr. MONTAGU

I think the hon. Member will appreciate the very serious position in which these officers are. There is a right of appeal, and no action will, of course, be taken that will prejudice the result of that appeal.

Sir W. BYLES

Will they have the same legal advisers next time?

Mr. MORRELL

Will the hon. Member be in a position to bring forward the whole of the facts of the case on the Motion for the Adjournment next week?

Mr. MONTAGU

The Government of India have recently passed new Orders to deal with the irregularities of the police force, and I shall be happy to take any opportunity of informing the House of them.

Mr. MacNEILL

Are these accused men, while criminal proceedings are pending over them, still in the execution of their offices, or are they suspended?

Mr. MONTAGU

I do not know.

Mr. MacNEILL

Then I say, with great respect, the right hon. Gentleman ought to know.

Mr. SPEAKER

The hon. Member had better put any further question down on the Paper.

Mr. MORRELL

I beg to give notice that on the Motion for the Adjournment next week I shall raise the question of the police in India.