HC Deb 21 April 1914 vol 61 cc732-3
9. Sir J. JARDINE

asked the Under-Secretary of State for India whether he has information about the trial by the joint magistrate of Alipore, in Bengal, of a Mr. Sim, a European engineer, and some of his coolies, for an attack on the police in which Mr. Sim was sentenced to fine only and the coolies to imprisonment; whether the magistrate found as a fact that Mr. Sim ordered the coolies to make the attack and that but for his action there would probably have been no disturbance; and whether any proceedings have been taken in the High Court to enhance the sentence on Mr. Sim or reduce those passed on the coolies?

Mr. C. ROBERTS

The Secretary of State has ascertained that all the persons convicted by the magistrate appealed to the Sessions Court, with the result that Mr. Sim was acquitted and the sentences on nine coolies reduced. A further report is expected.

10. Sir J. JARDINE

asked whether Chapter 9 of the Code of Criminal Procedure has been modified since 1903; whether any magistrate or officer in charge of a police station may command any unlawful assembly to disperse; whether, if it cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the magistrate of the highest rank who is present may cause it to be dispersed by military force and may require any commissioned or non-commissioned officer in command of soldiers or volunteers to disperse it by military force; whether, when the public security is manifestly endangered and no magistrate can be communicated with, any commissioned officer of His Majesty's Army may disperse such assembly by military force; and whether inferior officers and soldiers are protected from prosecution in obeying such commands to act, and in what manner?

Mr. C. ROBERTS

The answer to the first part is in the negative, and to the second, third, fourth, and fifth parts in the affirmative. In regard to the last part, no prosecution against an inferior officer or soldier obeying such a command can be instituted without the sanction of the Governor-General in Council; and the doing by such persons of any act in obedience to any order which they are bound to obey is declared to be no offence.