1. Lieut.-Colonel Sir FREDERICK HALLasked the Secretary of State for India if his attention has been called to the result of court-martial prosecutions in connection with the Punjab rebellion; if such prosecutions have been directed against acts of passive resistance against the Rowlatt legislation; and, if not, whether he will give some indication of the class of crime for which prosecutions have been initiated, particularly those in which capital sentence has been passed?
§ The SECRETARY of STATE for INDIA (Mr. Montagu)I have not yet had a full Report, but I understand that capital and other serious offences, such as waging war against the King, murder, robbery with violence, have been tried exclusively by Commissions appointed by the local Government under a Special Ordinance, and consisting of three persons of whom two at least must be judicial officers. Minor offences have been tried and penalties inflicted by courts-martial, the presiding officer being generally a civilian exercising the powers of a first-class magistrate. I understand that acts of "passive resistance" were not in themselves treated as offences by the Punjab authorities.
Sir F. HALLIn view of the untrue statements made in certain portions of the Press and the injury likely to be done in India, will the right hon. Gentleman take care to see that his reply is made known in India?
§ Mr. MONTAGUYes, Sir.
§ 3. Captain ORMSBY-GOREasked the Secretary of State for India whether sentences recently passed by special military Courts in the Punjab included, in addition to sentences of imprisonment, confiscation of the property. of persons so sentenced; whether such sentences necessarily involve the destitution of the innocent wives and children of offenders; and whether he will take steps to revise such sentences forthwith?
§ Mr. MONTAGUMy hon. and gallant Friend presumably refers to sentences passed by Commissions of three judges appointed under the Special Ordinances. Under the Indian Penal Code the forfeiture of property is part of the penalty provided for the offences of waging war against the King, or attempting to do so, or collecting arms for that purpose. The Courts have therefore no option but to include that in the sentence on persons found guilty. But the Government examines all such cases and remits or reduces this penalty in cases in which it would involve the destitution of the family. The local Government has directed that the orders of forfeiture should not be carried out in cases where the convicted person does not pay Income Tax or does not pay revenue exceeding Rs.30 per annum. In other cases special report is to-be made to the Government.
§ Colonel WEDGWOODIs India the only part of the British Empire where the sentence of confiscation of property is permitted?
§ Mr. MONTAGUI do not know that.
§ Colonel WEDGWOODIs the right hon Gentleman aware of any other part of the British Empire where by sentence a man's property can be taken away?
§ Mr. MONTAGUThe question on the Paper only deals with India.
§ Captain ORMSBY-GOREWhat is meant by "waging war" against the Government in connection with these riots?
§ Mr. MONTAGUThe offence of waging war against the Government is an offence 2079 dealt with in the Indian Penal Code, and the facts of the case are judged by Commissioners. I have not yet received a full report of these cases.