HC Deb 21 April 1914 vol 61 c737
18. Sir J. D. REES

asked the Under Secretary of State for India if he will state why the Bengali youth Boy, charged with the murder of Inspector Ghose, of the Bengal police, was not sent before the special tribunal of three judges without a jury under the Act of 1908, in view of the unwillingness of Bengali juries to convict Bengalis of so-called political crimes; and what action the Government of India proposes to take in view of Mr. Justice Stephen's refusal to pass an order that Boy's release was equivalent to acquittal?


When the Act of 1908 was introduced in the Legislative Council, the Mover (Sir Harvey Adamson) explained that a considerable discretion was left with Government, and that anarchical crimes which were simple cases could properly be tried by the ordinary Courts, while in long and complicated cases there would be advantages in referring the trial to the Special Tribunal. The present case was dealt with on these principles, and fell naturally into the first category. When a prisoner has been discharged but not acquitted, the High Court may direct a further inquiry, but I am not able to say whether this course is being taken in the Roy case. The question is one for the Court, not for the Government of India.


Has the boy actually been released?


Yes, Sir; but he was not acquitted.