§ 9. Colonel Sir C. YATEasked the Under-Secretary of State for India whether he will state the terms of the Instructions recently issued by the Lahore High Court to its subordinate magistracy, laying it down that on warrants of commitment the trying magistrate has to note whether the convict is of a superior status by reason of his educational attainments or social position?
§ Earl WINTERTONI will ask the Government of India for a copy of the Instructions in question, which have not 1816 reached the Secretary of State. Their issue would be in accordance with a rule framed by the Punjab Government as to the classification of Special Class Prisoners as such, by reason of the nature of the offence and the antecedents of the offender including his social position, education, and standard of living.
§ Sir C. YATEIs there anything in the law in India that warrants men being treated according to their social position?
§ Earl WINTERTONAs I have endeavoured to explain in my answer the Punjab Government under the administrative powers it possesses has issued a circular on this subject, and if, as my hon. Friend suggests, there have been these differences made, they have been carried out under the rules.
§ Sir C. YATEWill the Noble Lord ask the Secretary of State to alter the rules?
§ Earl WINTERTONMost emphatically certainly not. This matter is within the competence of the Legislative Assembly, and it would be impossible for my Noble Friend to suggest to the Legislative Assembly that it should go back upon what is within its competence.