HC Deb 28 November 1927 vol 211 cc15-6
32. Mr. SAKLATVALA

asked the Under-Secretary of State for India if, in view of the fact that a Mr. Philip Spratt has recently been found not guilty by a jury in India of a charge of sedition in relation to the publication of a pamphlet entitled India and China, he will cause inquiries to be made as to the reason why he was in the first instance refused bail and thus kept in prison for six weeks prior to trial; and whether he will make representations for compensation to be paid to the said British national?

Earl WINTERTON

It appears from the newspapers that bail was refused by Mr. Justice Davar in the High Court of Bombay, and it would not be proper to make inquiries as to the reasons for a decision which was within the competence of the Court. The answer to the second part of the question is in the negative.

Mr. SAKLATVALA

Does the Noble Lord agree that this prosecution was launched by the Government and that the Judge of the High Court refused bail on certain representations which were made by the Government's prosecutor, which representations proved in the end to be untrue?

Earl WINTERTON

The hon. Member is bringing a most serious charge against a Judge of the High Court, which I can-not accept for a moment. Judges of the High Court in India, as in this country, judge a question on its merits. Representations were doubtless made by prosecuting counsel, but the Judge is the sole interpreter as to whether they are correct, and I must respectfully decline to discuss on the Floor of the House the conduct of a Judge of the High Court.

Mr. SAKLATVALA

Will the Noble Lord allow me to dispel his dramatic performance? Does the Noble Lord understand my question, which does not put any blame or comment or criticism on the Judge at all? My question is that the Judge, who gave a right decision upon the case presented to him by the Government prosecutor, afterwards, by his judgment, said it was a wrong presentation.

Earl WINTERTON

I do not quite understand the hon. Member's question now. He has asked me whether I will cause inquiry to be made as to the reason why bail was refused. I have informed the hon. Member that I cannot do so because it would be committing a totally improper act, as criticising the action of the Judge. It rests solely with the Judge as to whether bail is granted or not.

Mr. SPEAKER

Clearly, it is a matter for the Court of Justice.