JUSTICE ON THE RUN

Auckland Star, Volume LXVIII, Issue 154, 1 July 1937, Page 23

JUSTICE ON THE RUN

Short St oru

CHUNDRA GHOSE was a Zemindar, that is, taken at Ms own valuation.

A Zemindar is a gentleman of property in India. Chundra certainly possessed property; but whether he was a gentleman was questionable. People, particularly so his clients, dubbed him Bunya. That is to say a moneylender.

<.those s partiality was to advance money on land mortgages. By this method he had acquired several* acres. Hence his claim to the appellation of Zemindar.

Suliman Ali was a Mohammedan peasant. His struggle to maintain his leasehold free from debt was a revelation to his less fortunate compatriots who were in the toils of the Bunya. Economic pressure, exerted with every Known legal subterfuge, was resorted to I'.v Ohoce to bring the peasant to heel. to 110 purpose.

Ari lie was unable to achieve liis pur-p'.-e within the limits of the law. he decided to take the alternative course. The Indian Penal Code is modelled after our owi, judicature. Kvidence is the sworn testimony of witnesses. The European mind envisages this as the

safest and fairest method. A section of the Indian public takes advantage of the fact to stage "frame-ups."

True, one of the sections of the code is devoted to perjury and its. penalties.

Truer still, the penalties are braved, and perjury is rampant ill uny district Court in India.

Xobody know this letter than the district magistrate. Pettigrew. An Indian civil servant of considerable "length of service, he was thoroughly conversant with every method of ,f frame-up"'~adopted by the Bunya class to ensnare their victims.

Have you ever witnessed a District Magistrate's Court in session? It sits generally in the local t liana- (police station), probVbly the only brick building in the village. It is more often than not miles away from any town. At one end, seated behind a desk, is the representative of the British Raj, the district magistrate. Supporting him is the native subinspector. Occupying the body of the room are all who are concerned. Pleaders (native solicitors), complainants and witnesses, with a few para wallahas (Indian constables) to maintain order.

There is no room for the public. Such was the scene on a particular day when District Magistrate Pettigrew was presiding. The Court was crammed to suffocation, a case of particular interest was on the file for hearing. "First case," said Pettigrew. "Bring forward the accused." Suliman Ali was hustled to the front escorted by two para wallahas. "Read the charge, munshi (native clerk)" said the magistrate. The Munshi cleared his throat and read.

"Suliman Ali, you are charged with causing grievoua bodily harm to one Chundra Ghoee, by striking him with a lathi (to wit a bamboo) in the jungle on Monday, the 3rd day of March. "The second charge against you is— At this fttaga the magistrate interposed. "We will take this charge first." He wa« familiar with this type of case, and decided it behove him to look for flaws. The accused, on being asked to plead, said, "It is a frame-up." As a preliminary precaution the Court was cleared of witnesses concerned. The first witness to be heard was the complainant. Ghose," called the munshi. "Chundra Ghose," echoed the subinspector.

The Bunya stepped forward to give his testimony. A short, excessively stout man, he waddled as if every movement meant pain. His head was swathed in heavy bandages. This is what he said:— "It ifl well known, sir, in the village, that the accused has a .grudge against me; and wit nee see will testify that he has been heard to threaten my life.

"I have not harmed the accused in any way, and can only assume that he harbours resentment because I have refused" him a loan which he desired of me. I was unable to accede to his request, as Suliman Ali is known to be a shiftless person, your Honor, who would do no works*

"One day I was walking through, the jungle when I was set upon by the accused, who belaboured me unmercifully with a lathi. As I was taken at a disadvantage I could not defend myself.-Further, in view of the accused's avowed intention of doing me grievous bodily harm, I -thought discretion was the better part of valour, so I bolted."

This concluded Ghose's evidence.. Pettigrew looked at the complainant and then at the accused. A mental comparison which gave him a clue. He cogitated, "Yes, the accused was certainly capable of administering sound chastisement."

Lithe, virile and wiry, he looked the embodiment of health. The magistrate proceeded to question, "What was the .distance, Ghose, from the scene of the alleged attack, and your house to which you say you escaped!" Ghose wu puzzled; his brain tried to grasp the significance of the question. What was the object of it! Here was a question he had not bargained for. He could not gauge its relevance. Particularly so after he had given such explicit and damaging details. Pettigrew, observing the hesitation, repeated the question. A further pause, and the answer came: — "About 200 yards, sir." ...

By A. G. BOWEN

The magistrate smiled; the flaw in the case was now obvious.

"'How did you eventually get away from the accused?" he questioned further.

"I was in such mortal fear that I outdistanced him." replied Gliose. » » • •

On being asked whether he wished to put any questions, the accused said: "It s all lies, sir."' He was informed ''That is not «■ question, but a statement." Whereupon he remained silent. 1 lie case proceeded, the first witness called substantiated the complainant's story, word for word. "Yes. He had seen everything that had happened." He had been quite close to the scene of the assault, along with 20 other men who were in the Court to testify."

Another Haw for the magistrate to probe.

"You say there were 2ft men who witnessed the assault: why didn't you rescue Oliose?" "We were afraid, sir." 1 lie Bunva had realised this was the weak link in the chain, and had primed his witnesses to answer thus. "How far is it from the scene of the assault to complainant's house?" Again a marked hesitation. A sharp reminder, and the reply came. "'Five hundred yards, sir." Still no question

from the accused, who was dumbfounded at the duplicity. It was kismet; he was resigned to his fate, and prepared for the worst.

Witness two, three, four; and so on until the 2ft had been interrogated. Every story alike, with one deviation — that distance on which the magistrate had been insistent.

Mr. Petti<rrew did not retire to consider his judgment. His mind wa« already made up. The case was an obvious "fraine-up." But the code laid down that judgment must he in accordance with the evidence submitted.

How could he apply that dictum under the circumstances? This was his

ruling:— "Suliman Ali, twenty witnesses have sworn you have committed the outrage. I am going to reconstruct the crime aihfl test their evidence. It differs only in one respect.

''The distance from the place of assault has been variously stated to be between 200 yards and two miles to the complainant's house. lam going to assume for the purpose of this trial that it was actually 100 yards.

"You, Cliundra Glioce, will be required to race the accused over this distance. You will bo allowed 20 yards' start to give you every advantage. "The accused will be supplied with a stout bamboo, with instructions to belabour you should you fail to reach the winning-post before he does. You, Suliman Ali, will be hanged if the complainant reaches the winning-post be/ore you do. "The Court will adjourn to carry out the test."

I will leave you to imagine the sequel Justice was done. Suliman Ali was mightily pleased. Surely, the sahib was a Solomon.