HC Deb 09 May 1929 vol 227 cc2330-1
42. Mr. KELLY

asked the Under-Secretary of State for India whether he is now in a position to say when the 31 persons arrested in March on a charge of conspiring to deprive the King of the sovereignty of India and kept in prison since the arrests are likely to be brought up for trial; whether the delay is entirely due to delay in the preparation of the case against these men by the Government; and, if so, whether he will make a statement to the House respecting the factors causing the delay in the preparation of the case?

The UNDER-SECRETARY of STATE for INDIA (Earl Winterton)

The Government of India have reported that they hope to be able to start the case at the beginning of June. The hon. Member will appreciate the necessity in a case of this importance of a thorough preliminary investigation, and the material discovered in the searches at the time of the arrests was so voluminous that its examination has necessarily been a lengthy process. I can, however, assure the hon. Member that every effort is being made to bring the accused persons to trial as soon as possible.

Mr. KELLY

Is the whole of the delay due to these preliminary investigations?

Earl WINTERTON

I do not understand the question.

Mr. KELLY

In the answer the right hon. Gentleman referred to the extensive investigations which took place before the trial. Are those investigations responsible for the delay?

Earl WINTERTON

Certainly, and if the hon. Gentleman wants an assurance on that point he will find it in my reply.

Mr. SAKLATVALA

Will the Under-Secretary tell us if it is not the case that some of the charges relate to events which took place about four months before the arrests were made, and was there not enough time to collect all the evidence before those arrests were made?

Earl WINTERTON

No, Sir.

Mr. THURTLE

Will the right hon. Gentleman say if the Government had sufficient evidence in their possession at the time of the arrests to justify the charge against these men?

Mr. SPEAKER

That is not in order.

Mr. THURTLE

Surely it is in order, Mr. Speaker, to ask the Noble Lord whether at the time the Government made these arrests they had sufficient evidence to support the charge?

Mr. SPEAKER

The question asks the reason for the delay, and the Noble Lord has answered that question.