The Bombay City Police: A Historical Sketch, 1672-1916Edwardes, S. M. (Stephen Meredyth)
History
The Bombay City Police: A Historical Sketch, 1672-1916
Edwardes, S. M. (Stephen Meredyth)
Crime -- India -- Mumbai; Police -- India -- Mumbai
The powers of the Superintendent of Police at this epoch were very wide.
First, he had power to convict offenders summarily and punish them at the
police office. This procedure, in the opinion of the Recorder, Sir James
Mackintosh (1803-11), was quite illegal, inasmuch as the punishments
were inflicted under rules, which from 1753 to 1807 were not confirmed
by the Court of Directors and had therefore no validity. The rules made
between 1807 and 1811 were likewise declared by the same authority to
be invalid, as they had not been registered in the court of judicature.
On other grounds also the police rules authorizing this procedure were
_ultra vires_. Secondly, the Superintendent inflicted the punishment of
banishment and condemned offenders to hard labour in chains on public
works. Between February 28, 1808, and January 31, 1809, he (_i.e._ Mr.
Halliday) banished 217 persons from Bombay, and condemned 64 persons to
hard labour in the docks. During the three years, 1807-1809, about 200
offenders were thus condemned to work in chains. On the other hand, the
Superintendent frequently liberated prisoners before the expiry of their
sentence, and in this way released 26 persons on December 20, 1809,
without assigning any reason. He condemned persons also to flogging. He
kept _no_ record of his cases. “He may arrest 40 men in the morning”,
wrote Sir James Mackintosh, “he may try, convict and condemn them in the
forenoon; and he may close the day by exercising the Royal prerogative
of pardon towards them all.” It is hardly surprising that the mind of
the lawyer revolted against the system, and that in his indignation
he characterized the powers of the Superintendent as “a precipitate,
clandestine and arbitrary jurisdiction.”[33]
In the third place, the powers of the Governor-in-Council to enact police
regulations for Bombay were defined anew and enlarged by Act XLVII, Geo.
III. of 1808, under the provisions of which the Government was empowered
to nominate 16 persons, exclusive of the members of the Governor’s
Council, to act as Justices of the Peace. The promulgation of this Act,
which was received in Bombay in 1808, rendered necessary a thorough
revision of the conditions and circumstances of police control.
Public-domain text, read in full here on John Shaqi.
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