From the Achives (May 4, 1922) | Effect of proposed amendment

Under present conditions, a European has the right to claim to be tried by his own countrymen either in the shape of trial before an European Magistrate or before a jury more than half of which is composed of his own countrymen and has the right of appeal to the High Courts in all cases. Under the amended procedure, he could be tried before an Indian Magistrate with right of appeal to a Sessions Court and finally the High Court and in cases of jury trial, he would be tried before a jury composed of five Europeans and four Indians. To test the application of this proposal, assume the case of an European on a limited salary wrongfully charged with assault at a time of strong racial excitement. He is charged before an Indian Magistrate who, being convinced of his innocence, acquits him. The results of the Magistrate living among the disaffected portion of the population requires little imagination for they will embrace in all probability the terrors of social boycott and persecution.

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Printable version | May 4, 2022 1:41:13 am |