§ 4. Mr. LOUGHasked the Under-Secretary of State for India whether, in the Delhi Conspiracy case, the Appeal Court was debarred by the Indian Criminal Procedure Code from taking any fresh evidence, and sentenced one of the accused to be hanged without having any of the witnesses before them; whether any of the accused have petitioned the Viceroy for a commutation of their sentences; and, if so, whether he can inform the House of the result?
§ Mr. C. ROBERTSThere is nothing in the Indian Criminal Procedure Code to debar the Chief Court from taking fresh evidence in a case such as that referred to. In such cases it is a matter entirely within the discretion of the Court whether it shall or shall not summon witnesses to appear. As I have not yet seen the proceedings of the Chief Court in the Delhi conspiracy trial, I cannot say which course it elected to adopt. But as regards the prisoner whose sentence was enhanced from one of transportation to one of death, the Chief Court was bound, as a Court of Revision, to give him an opportunity of being heard, either personally or by pleader, in his defence, before making any order to his prejudice. I understand that the persons condemned to death in this case either have presented, or are about to present, petitions to the Governor-General in Council, and these will, of course, be fully considered before any sentence is carried out.
§ Sir W. BYLESAre any steps being taken to reform Indian criminal procedure?
§ Mr. ROBERTSI do not think it can be said that steps are being taken to reform the criminal procedure.
§ Sir W. BYLESCan the hon. Gentleman tell us anything about the murder of a police inspector at Calcutta?
§ Mr. ROBERTSNot without notice.
§ Mr. SPEAKERThat does not arise out of this question.
§ Sir J. D. REESIs it a fact that the petition of mercy in this case lies to the local government and not to the Governor-General?
§ Mr. ROBERTSIn this case I think the petition of mercy does lie to the Governor-General in Council.
§ Mr. MORRELLWill the hon. Gentleman ascertain whether evidence was heard in the case of the man whose sentence was enhanced to sentence of death?
§ Mr. ROBERTSSo far as the newspaper reports go it is plain that he was heard in his own defence.
§ Mr. LOUGHI beg to ask the Under-Secretary of State for India a question of which I have given him private notice, namely: Whether an application has been made to the Secretary of State for India to postpone the execution of the sentence of death passed in the Delhi conspiracy case pending the arrival in England of the transcript of evidence and proceedings, and whether he is aware that a petition for special leave to appeal to His Majesty in Council against the conviction has been lodged, and if that fact has been made known to the Government of India?
§ Mr. ROBERTSThe answer to each of these questions is, "Yes."
§ Mr. LOUGHCan the hon. Gentleman say what is the result—will the Secretary of State have the execution postponed. Do I understand my hon. Friend to say that the execution of the sentence is postponed until the evidence is received?
§ Mr. ROBERTSI answered the question put to me whether application has been made to the Secretary of State for India to postpone—that application has been made.
§ Mr. LOUGHCan my hon. Friend tell me what is the result of the application? Will the sentence be postponed—that is the object.
§ Mr. ROBERTSThe right hon. Gentleman has asked me whether I am aware that a petition for special leave to appeal to His Majesty in Council has been lodged—that is so, and the Secretary of State does not propose to take any action until that point has been decided by the Judicial Committee.