HC Deb 21 April 1920 vol 128 cc367-9
3. Mr. RENDALL

asked the Secretary of State for India under what Laws, Rules, or Regulations a British subject can be indefinitely excluded from British India; what are the exact terms of the provision or Rule by which Mr. B. G. Horniman is thus excluded from British India; and under what Act covering such Rule or provision the order of exclusion is made?

Mr. MONTAGU

Mr. Horniman was excluded under the terms of Rule 3 (d) of the Defence of India Rules, 1915, a copy of which I have placed in the library. The Rule was made by the Government of India in the exercise of powers conferred on them by India Act No. IV., of 1915.

Colonel WEDGWOOD

When does the Defence of India Act come to an end?

Mr. MONTAGU

To the best of my recollection, six months after the conclusion of peace.

4. Mr. RENDALL

asked the Secretary of State for India whether, having regard to the recent refusal of the Government of India to allow Mr. B. G. Horniman to re turn to India and the statement made by him on 23rd May last in this House regarding Mr. Horniman that there was plenty of case to put before the courts, and the fact that Mr. Horniman has publicly asked to be put on his trial, he will order such trial to be held or communicate to the House the materials on which his statement was made or, in the alternative, withdraw the statement?

Mr. MONTAGU

The question of putting Mr. Horniman on his trial is one within the discretion of the Government of Bombay.

Mr. RENDALL

May I ask whether the right hon. Gentleman does not think that so serious a decision as the exclusion of a man from India should not take place in peace time without trial, and possibly conviction, and nothing else?

Sir J. D. REES

Is it not the case that this gentleman's removal was ordered by Sir George Lloyd, who is by no means an autocratic tyrant, and that his action has met with general approval on account of the manner in which this gentleman conducted himself?

Sir T. BRAMSDON

Is the House to understand that this gentleman has been deported from India without trial, when he denies totally the allegations made against him?

Mr. MONTAGU

The question of trial entirely lies with the Governor of Bombay. I would appeal to the House to support the Governor in the exercise of a discretion which has been given to him by Acts passed by a competent legislative. Sir George Lloyd would, of course, be the first to admit that trial is always preferable, but he must have regard to all the circumstances of the case.

Colonel WEDGWOOD

Would it not be better to appeal to this House to give the ordinary rights of fair play to a British subject who cannot find out what his offence is?

Mr. MONTAGU

There is no question of finding out what the offence is; Mr. Horniman knows perfectly well.

Mr. RENDALL

I merely want to know whether the right hon. Gentleman proposes to recommend to the Government of India eventually, not now perhaps, that this man shall not be kept out of India without a fair trial, and also conviction if that trial shows him to be guilty?

Mr. MONTAGU

I am prepared to repose complete confidence in the Governor, Sir George Lloyd.

14. Mr. SPOOR

asked the Secretary of State for India whether any investigation has been made into the grave charges made against Mr. B. G. Horniman by him in this House in his speech on the East Indian Revenue Accounts on 23rd May, 1919, in justification of the deportation of that gentleman from India by the Government of Bombay without charge or trial; and whether he will lay upon the Table of the House the full correspondence passing between the Government of India, the Government of Bombay, and the India Office regarding this matter, and any other papers concerning it which may be available, and in particular the details of such charges as have been made by the Government of India and the Government of Bombay against Mr. Horniman?

Mr. MONTAGU

The statements made regarding Mr. Horniman were based upon the contents of the issues of the paper which he edited. There is no need of any inquiry regarding them. I will place a copy of the orders of the Government of Bombay on Mr. Horniman's deportation in the Library.

Mr. SPOOR

Is the right hon. Gentleman aware that a resolution dealing with Mr. Horniman's case was disallowed in the Bombay Council, and can he give a reason for that decision?

Mr. MONTAGU

What reason?

Mr. SPOOR

For the refusal to allow discussion on a resolution with regard to Mr. Horniman.

Mr. MONTAGU

No, I cannot, but I will certainly make inquiry.

Mr. SPOOR

Is the right hon. Gentleman aware that last year there was an extensively signed petition by hundreds of the leading residents of Bombay sent to the Government asking for the reconsideration of Mr. Horniman's case, and does the right hon. Gentleman know what reception that appeal got?

Mr. MONTAGU

I was not aware of the fact, but I can quite accept it from the hon. Gentleman. I would point out that the system of deporting necessarily leads to the difficult question when that deporting is to come to an end. On that question I propose to leave the matter entirely to the Government of Bombay.