Sketches of social life in IndiaBuckland, C. T. (Charles Thomas)
History
Sketches of social life in India
Buckland, C. T. (Charles Thomas)
British -- India -- Social life and customs; India -- Social life and customs
friendly advice and suggestions to the magistrate with regard to the
action of the police; and he may also, if dissatisfied with their
proceedings, make unpleasant remarks and comments. But the discipline of
the police force is regulated by a hierarchy of its own, consisting of
district-superintendents and deputy inspectors-general, and an inspector
general, who is equal in official rank to the commissioner, and in
direct communication with Government. And as the commissioner may
interfere with the police only under certain limitations, so, on the
other hand, he must be very cautious to abstain from interference with
any case the moment that it has been sent up by the police for trial
before any magisterial or judicial officer. Any interference by the
executive in the judicial trial of a case is strongly resented; but it
is open to a commissioner to set the public prosecutor in motion, or to
employ special counsel to look after the effective prosecution of a
difficult and important case. Eventually, if a particular case, or any
class of cases, becomes of such deep interest as to require the
attention of Government—or if the Government has called for a report—it
is the commissioner who has to represent the whole of the facts to
Government, and it is then open to him to express his opinion
unreservedly on the good or bad conduct of the police, and this is also
his opportunity for pointing out to Government any defects that may have
occurred in the judicial proceedings. But in this part of the business
he will do well to temper his words with discretion. If the commissioner
expresses an opinion, in his report to Government, that the magistrate
or judge who tried the case has made any serious mistake as to his facts
or to his law, this practically amounts to a proclamation of war. The
Government on receiving the commissioner’s report to this effect will
not be in a hurry to pronounce an opinion. It will probably send the
report of the commissioner to the judges of the High Court, and will
request them to inquire and report what the magistrate or judge has to
say on his own behalf. Of course the magistrate or judge in most
instances stoutly maintains that he was right, and it may be that the
judges of the High Court also take the part of the judge or magistrate,
or at all events extenuate his errors. Then the Government may either
give the commissioner an opportunity for a rejoinder, or it may proceed
to put an end to the case by passing a decision on it. The approved
Government secretariat style of decision is to find a little fault with
everybody; and the principle of decisions of this kind is simple and
obvious, because it discourages all the officers concerned from desiring
again to bring their quarrels or differences into prominence, so that
they will not come up bothering the Government again for a long time to
come. It may be observed that the Government is usually very careful to
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