Author: Prachi Mangla, IILM University
ABSTRACT
The well-known case of Raja Nand Kumar is regularly called as “First Judicial Murder of Colonial India”. It is also called because the ‘Black Case’. This case become accomplished between the Governor- General of Bengal Lord Warren Hastings and a Hindu Brahmin Zamindar Raja Nand Kumar. The case revolved around allegations from both aspects of the birthday celebration diverse times, which led to unsightly situations and eventually disguised how a fair trial should be finished. This case is a commentary and a black spot of Judiciary. The vanity of electricity and function led Warren hastings to proclaim an harmless guy Raja Nand Kumar a defaulter leading similarly to his demise sentence. This case will constantly be study on how immoral and blind a court docket can function and kill an innocent man primarily based upon hole statements and evidences.
Facts
This case has its roots in the Regulating Act of 1773, specifically between Raja Nand Kumar and Warren Hastings. One very important clause in this regulation was about four english judges that would establish which five years later became supreme courts at Kolkata. Section 13 of The Regulating Act established the Supreme Court of Judicature at Fort Williams in Calcutta in 1774. Sir Elijah Impey as chief justice and Robert Chambers, John Hyde, Stephen Ceaser as puisine judges were appointed by a charter granted by King George III. While Regulating Act aimed to establish an independent Judicial System in India that would be directly controlled by the King, it was through the Raja Nand Kumar case where people went haywire. Governor-General of Bengal Warren Hastings’ conspiracy against Raja Nand Kumar started from when he got involved with nawab Siraj-Ud-Daulah during Battle of Plassey as mentioned earlier who began adoring him . This made Warren Hasting furious and therefore together with other individuals conspired against him.
When Warren Hastings was appointed Governor-General of Bengal, the Company limited its powers by creating a Council of 4 members with the same powers and authority as Hastings These members were Clavering, Francis, Monson and Barnwell. Of these four members, Clavering, Francis and Monson didn’t support Hasting but Barnwell also supported him.
When the government moved from Murshidabad to Calcutta, Rajananda Kumar was sidelined and all governmental power was in the hands of the authorized officers of the Company Seeing this situation, Clavering, Francis and Monson proposed to bribe Hasting and corruption. So, when Francis came to town, Nanda Kumar gave him a letter stating the complaint. He added that Hastings took a huge bribe of Rs 1 crore from him for appointing his son Gurudas as Diwan. It was also alleged that Hastings took Rs 2.5 lakh for appointing Munni Begum as the guardian of young Mubarak-ud-Daulah.
When Francis submitted this information to council, Monson, who was one of the sponsors, moved that Nanda Kumar appear before the council, and Council President Warren opposed the motion.Mr. Barnwell too who become a supporter of Warren counseled Nand Kumar to present his case in front of Supreme court docket and not the council , as supreme court docket is obliged to hear this situation. Other contributors looked at how Barnwell and Warren both have been opposing the motion, they decided Clavering to preside over the council in place of Warren Hasting.
Nand Kumar’s case while changed into presented in front of the council, they observed out the allegations towards Warren were accurate and as a end result he became requested to pay Rs. Three thousand fifty four hundred and five within the organization’s treasure.
This event made Warren a sour enemy of Raja Nand Kumar and this become the time while he determined to take revenge on him. After Raja Nand Kumar efficaciously proved allegations on Warren Hastings legitimate, Warren become keen in finding an possibility to expose him down.
On Warren and Borewell’s cite Raja Nand Kumar, Fawkes, and Radhacharan had been arrested. They accused these 3 for conspiring against them and asked the Supreme Court to prosecute all of them.
Moreover, in continuation of the revenge, Warren requested Mohan Prasad to humiliate Nand Kumar in a forgery case. The case of forgery changed into associated with a deed/bond which turned into done with the aid of Nand Kumar in 1765 and was accused of non-clearance of Debt from a banker , Bulaki Das. Fawkes turned into left with a first-class, but the foremost claims were against Raja Nand Kumar.
Issues Framed
Mainly troubles have been raised while it came into expertise that a case of forgery has been filed against Raja Nand Kumar.
First become Whether the Supreme Court had jurisdiction to hear the problem inside the first region?
This question was raised in front of the perfect court docket at the start of the trial through Nand Kumar’s propose, however it was rejected. This question became raised because the case of forgery that changed into filed towards Nand Kumar become containing facts of 1765, which became earlier than while the Regulating Act changed into surpassed. If this was the situation so, then the correct jurisdiction of this situation become by means of the nearby Faujdari Adalats. Hence there was no Prima Facia in this case. The second issue that changed into raised changed into Whether the English Act of 1729, consistent with which forgery turned into a capital offense, turned into applicable to India?
Under land Act of 1729, forgery, which is an offence, attracted execution. Questions have been raised at the applicability of this Act to India and there has been a divided opinion even many of the sitting judges at that factor however ultimately, the view of the bulk of the judges collectively with that of magistrate Impey prevailed. Hence Raja Nand Kumar was given the Capital Punishment that become Hanged till demise.
Many steps have been taken to keep Raja Nand Kumar from execution which protected:-
1) A forwarded appeal to the King’s council, which point out his petition within the court docket to maintain the verdict till the council’s decision came out but it turned into rejected by means of the court docket.
2) Asking for help from members of council.
3) A letter of idea from Nawabs to the council to defer the death sentence. But the Supreme court docket didn’t take it in mild because the decision of the council changed into very last in step with them.
Judgement
The be counted changed into summarized on the morning of sixteenth June 1775 via Justice Impey. Raja Nand Kumar turned into held unanimously “responsible” through judges and also the jury additionally gave the equal verdict. He changed into incarcerated to demise by the Justice of the Peace below land Act of 1729 of kingdom Parliament. Supreme Court dismissed the ‘conspiracy case’ against Nand Kumar on account of lack of evidence.
Therefore, he became hanged on August 5, 1775, at eight o’clock inside the morning on the Cooly Market near Fort William.
Why is this trial called “First Judicial Murder of India?”
Many instances related to this whole trial which are stated as underneath imply how biased this trial changed into and how it brought about a homicide of an innocent man with absolute no crime.
1) Chief Justice being a close pal of Warren Hastings.
2) Judges had been cross-inspecting the witnesses themselves.
3) The rejection of the petition presented in front of King’s council by the Supreme court docket.
4) Justice Impey become observed by way of two other English judges which is also considered as a element for them to offer decision that had to ‘obviously’ be against and Indian.
5) And the maximum essential reality, ‘Forgery’ isn’t even considered a act against law in each Hindu and Muslim Laws, no matter of this fact Raja Nand Kumar changed into given Capital Punishment.
All of this information genuinely point towards the truth to what extent this trial become biased and the way it modified the way human beings appearance in the direction of Justice System.
Conclusion
The ‘First Judicial Murder of Colonial India’ is for that reason a top-notch case which marks a totally vital thing of the way a justice device need to ‘no longer’ be. It led the readers to assume how vigorously have been the britishers conspiring closer to Indians, the case of Raja Nand Kumar will usually be read in records inside the blackest of Days India faced below Company’s rule. The trial startled and dismayed the ethical scruples of mankind and its miles overtly a case depicting malfunctioning of ‘natural justice’ at some stage in colonial rule.
Frequently Asked Questions
Ques1. What was the Regulating Act of 1773 and how did it relate to the case of Raja Nand Kumar?
Ans. 1 The Regulating Act of 1773 was legislation passed by the British Parliament to regulate the Indian territories governed by the British East India Company. One key provision of the Act was the establishment of a Supreme Court in Calcutta with four English judges. This Supreme Court, established in 1774, would later play a central role in the trial and execution of Raja Nand Kumar. The Act aimed to create an independent judicial system in India under the King’s direct control, but the Raja Nand Kumar case exposed major flaws in how the new court system operated.
Ques 2. What were the key events and allegations in the conflict between Raja Nand Kumar and Warren Hastings?
Ans 2. Raja Nand Kumar, a powerful Hindu zamindar, had accused the Governor-General of Bengal, Warren Hastings, of bribery and corruption. When Hastings was reinstated as Governor-General in 1773, Nand Kumar brought these allegations against him to the Supreme Council, which was headed by Hastings’ rival Francis. However, Hastings was able to block the council from taking action on Nand Kumar’s accusations. In retaliation, Hastings then orchestrated charges of forgery against Nand Kumar, which led to his trial and execution by the Supreme Court in 1775.
Ques 3. Why is the trial and execution of Raja Nand Kumar considered the “First Judicial Murder of Colonial India”?
Ans 3. The trial and execution of Raja Nand Kumar is considered a “judicial murder” due to the highly questionable and biased nature of the proceedings. Key factors that point to this include:
The close personal relationship between Chief Justice Elijah Impey and Warren Hastings
The judges themselves aggressively cross-examining witnesses, rather than allowing the lawyers to do so
The Supreme Court rejecting Nand Kumar’s appeals and petitions, including one to the King’s Council
The application of the British Forgery Act of 1729, which mandated the death penalty, even though its applicability in India was highly dubious
These circumstances strongly suggest that Nand Kumar was unfairly convicted and executed as part of Hastings’ personal vendetta against him. The case is seen as a dark stain on the colonial justice system in India.
