The Under-Secretary of State for India (Lord Stanley)
The Delhi conspiracy case of 1930 was heard by a Special Tri- 1618 bunal of three High Court Judges sitting without a jury, and three persons were sentenced to be executed in that case. Under Bengal Ordinance XI of 1931 it was provided that terrorist offences could by tried by a Special Tribunal of three High Court Judges, but so far as I have been able to trace no persons were, sentenced to death by a tribunal set up under that Ordinance. I am not aware of any other occasions during the last 10 years when provision has been made for the setting up of Special Tribunals of High Court Judges.
I understand that it is quite common under the Code of Criminal Procedure for cases to be tried by a sessions judge sitting with assessors and not with a jury.