HC Deb 28 June 1937 vol 325 cc1617-8
1. Mr. Day

asked the Under-Secretary of State for India the number of persons during the previous 10 years who have been tried by a special tribunal of High Court Judges in India without the services of a jury and sentenced to be executed?

The Under-Secretary of State for India (Lord Stanley)

The Delhi conspiracy case of 1930 was heard by a Special Tri- 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.

Mr. Day

Will the Minister consider suggesting to the Indian authorities that persons charged with offences shall have the right to be tried by a jury?

Lord Stanley

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.