EIC IN BOMBAY and Calcutta

EIC :
SETTLEMENT IN BOMBAY
AND
ADMINISTRATION OF JUSTICE
CALCUTTA
POLITICAL POSITION OF BOMBAY
 POLITICAL POSITION OF BOMBAY
 different from Madras
 Portuguese acquired the island of Bombay from
sultan Bahadursah, king of Gujarat
 from 1534 onwards it was u/Portuguese
 king of Portugal, Alfonsus VI, gave Bombay in dowry
to king of England, Charles II, when English king
married his sister Catherine in 1668.
 Charles II, thought Bombay being a backward
place-not economically profitable.
 1668, Charles transferred Bombay to the Company-
for annual rent of 10 pound.

CHARTER OF 1668
EIC GOT LEGISLATIVE POWERS- Conferred full

power on company-make laws-ordinance-good
governance-
impose penalty-even death-legislation and
administration of justice was granted-
laws shouldn't be repugnant with laws in
England.
 JUDICIAL REFORM OF 1670
 first legislative work of the company done by GERALD AUNGIER IN
1670.
 old laws were initiated by Oxenden
 Reorganized old judicial set-up-given final shape-classified in to 6
sections
 1. freedom of worship and religious beliefs granted to all
inhabitants
 2. impartial administration of justice-recognized fair trial-jury of
12 person
 3. establishment of court of judicature to decide all criminal
cases- G & C authorized to appoint judges-appeal to G and C
recognized-appointed justices of peace and constables to
maintain peace and order and arrest criminals.
 4. registration transaction regarding
sale of land and houses.
 5. miscellaneous provisions dealing
with penalties for different crimes.
 6. military discipline and prevention of
dis order-death penalty given for
mutiny, sedition,& rebellion
 Aungier introduced reforms in judiciary in 1670
 island of Bombay divided in to two division
 1- Bombay, mazagaon, girigaon;
 2- Mahim, parel, sion, Worli
 Separate court of judicature established for each division at

Bombay and mahim. each court consisted 5 judges. customs
officer of each division-court presided by English man, quoram of
the court-3.Indian also appointed judges to assist him-
 court authorized- to hear- civil action up to 200 xeraphine (
Portuguese coin-x 200 were equal to 150 rupees) in value.
 Appeal from court allowed to court of deputy Governor and
Council. It had appellate jurisdiction and original jurisdiction. first
DG was Aungier, good administrator-true founder Bombay.
 Aungier, governor was not satisfied with working of the court.
 Judicial system in BOMBAY DIVIDED 3 STAGES
 1-1668-1683
 2-1684-1693
 3-1718-1726
 FIRST STAGE-
 New central Court of judicature was established.1672-
court inaugurated with ceremony-colourful procession.
 jurisdiction of court-civil, criminal, testamentary cases-
(traditional last will and testament, is a legal document used to
transfer a person's assets to beneficiaries after death.)
 George Wilcox was appointed as judge
 Court sat once a week to try civil cases with jury.
 court charged fee of 5% of valuation of suit.
 Private trade of the judges prohibited. Granted salary as rs2000/- per year
 Appeal from court of judicature to deputy governor.
 justices of peace were appointed to administer
criminal justice.
 Bombay divided in to two division
 1- Bombay, mazagaon, girigaon;
 2- Mahim, parel, sion, Worli
 each division justice of peace-Englishmen
appointed.
 acted as committing magistrate to arrest the
accused-examine witnesses.
 court of judicature met once a month-decide
criminal cases with justice of peace
Court of conscience
 1672- CC to decide petty civil cases.
 once a week-CC dealt civil cases under 20 XERAPHINS.
 CC decision was final-no further appeal
 no court fee charged from poor person- “poor man’s court”
 CC presided by George wilcox, judge-court of judicature.
 1674- Wilcox died-James Adam appointed. He was not well versed in law.
 1675-his assistant Niccolls appointed judge in his place.
 1677-niccolls suspended-later dismissed-by council on various charges
 he was punishes for judicial courage and independence- which executive did not
accepted.
 Gary succeeded Niccolls as judge. Remained up to 1683.
 salary and rank of judge was reduced council became superior power.
Court of appeal
 Deputy governor and council heard appeals from
court of judicature.
Defects of judicial system
judges did not enjoy independence.
Not paid properly
worked u/executive
Harassed by Co’s officers
Keigwins rebellion -(1683 December-Nov 1684)-it was
suppressed.
1684-1690,1693- Second period
 New system –court of admiralty was stablished in Bombay-similar
to madras.
 jurisdiction-Maritime, civil and criminal
 Conflict b/w G & C AND JUDGE ADVOCATE
 John child, then governor of Bombay not in favour of accepting
theory of JUDICIAL INDEPENDENCE- ADOPTED BY Dr. ST. JOHN in
his decision.
 Dr. ST. JOHN had received the degree of Doctor of Laws from the
University of Leyden.(Netherlands, established in 1575).
 JUDICIAL INDEPENDENCE interpreted as insubordination.
 governor transferred st. Johns power to another, vaux-new judge
ignorant of civil laws-
 Due to serious conflict-1687-resulted the dismissal of dr. st. john
 after that, sir,j, wyborne, deputy governor of Bombay
appointed as judge in admiralty court.
 1688 to 1690-vaux succeeded sir.j. wyborne
 1690- siddi yakub, admiral of Mughal Emperor,
attacked the island of Bombay and captured it. judicial
system came to end-
 1690-1702-(12 years) there were no courts.
 Though Some steps taken-such state of affairs
continued up to 1718.
 1680-1718 period is a dark period in Bombay’s legal
history.
REVIVAL OF JUDICIAL MACHINERY-1718-1728
THIRD STAGE-1718-1726
 25 march 1718- inauguration of court of judicature by Governor Charles

Boone.
 it differed from previous court by Aungier’s judicial plan of 1672.
 it was constituted according to laws of the co. not by G and C.
 1718- court of judicature consist 10 judges.
 1 CJ & 5 JUDGES will be English.
 4 were to be Indians representing 4 different communities-Hindus,

Mohammedans, Portuguese-Christians and Parsis.
 All English judges also members of G and C-enjoyed status superior to
Indian judges.
 quorum- 3 English judges- court met once a week.
 Indian judges known as “black justices”-their main role was assistant of
English judges. No equal status with English Judges.
 Appeal from court of judicature to G and C-
where amount involved Rs 100 or more.
 notice to file an appeal was to be given
within 48 hours after judgement.
 fee for filing appeal was-rs.5
 court met only once in a week-court was
famous for impartiality-and speedy justice
 debt recovery process of court-
imprisonment, whipping in public places-
 injustice-lack of uniformity in punishing criminals
 RAMA KAMTI CASE- DARK JUSTICE AT BOMBAY
 Rama kamti-was rich and influential person-

supporter of Co.-charge-he was corresponding
with Angria, pirate chief-troubling co.. Kamti
arrested.
Trial before G Boone and council
 No conclusive evidence
 but gossip story by witnesses
 one dancing girl had told the witnesses that pirate chief Angria had told her
that Kamti had written to him.
 kamti’s servant was torture-extract evidence against kamti.
 letter was manufactured by forgery
 Kamti found guilty-imprisonment to indefinite period-his property was
confiscated and auctioned.
 CJ of the court Parker objected the torture of
kamti’s servant.
 CJ was dismissed by governor.
 after auctioning kamti’s property –governor
claimed for about rs.32000-accepted. later got
Kamti’s booty.(valuable stolen goods, especially
those seized in war.)
 After Kamti’s death,truth was out-he was innocent-trial was
a plot-concocted by governor boone- misused his power.
Settlement in Calcutta
 1690-Job Charnock ,servant of the company laid
foundation of the British settlement in Calcutta.
 EIC constructed fort William for it’s factory, by the
side of river hoogly (Hugli) in Bengal.

 1, Grant of zamindari rights to company
 2, Justice in criminal and civil cases
 3, concentration of power in collector
 4, Effective introduction of English laws
Grant of zamindari rights to company
 settlement at Calcutta-different from madras and Bombay.
 1698-prince Azim-us-shan, Subedar of Bengal and grandson of the
emperor Aurangzeb, granyed Zamindari rights of three villages-
Calcutta, sutanati, and Govindpur to the company.
 co’ took full advantage of this authority-appointed collector to
control the administration of all three villages-collector hold
zamindari court for both civil and criminal cases.
 this was a blunder by the Mughal king who blindly trusted these
merchants.
 1699-status of Calcutta raised as presidency-its governor and
council entrusted all the necessary administrative and judicial
powers.
 Collector was the Co's officer-also appointed a member of
governor’s council at Calcutta.
 Justice in criminal and civil cases
 In order to administer, Co’ adopted existing Mughal
Pattern.
 faujdari court, presided by English collector, decide
criminal cases of the native of sutanati- govindpur, and
Calcutta.
 death sentence was not inflicted unless the sentence
was confirmed by the governor/president and council
of Calcutta.
 death sentence was executed by whipping to death
and not by hanging to death as was done later.
 court took cognizance of petty crimes committed by
English people.
 serious offences G and C were authorized to try by
charter 1661.
 Civil cases-
 collector preside over the civil court, or court of
Cutchery (A hall used for business, political, or social
assemblies, such as a magistrate's court).
 ordinarily civil cases were referred to Arbitrators by the
collector.
 collector decide cases according to custom and usages.
In the absence of such native custom, cases decided
according to Natural justice and equity. Only rare and
important cases, appeals were allowed to G & C.
 collector in the capacity of a zamindar was also
responsible for the collection of land revenue from three
villages.
 Concentration of power in
collector
 office of collector-dealing civil, criminal
and revenue matters.
 authorized to deal petty civil & criminal
case.
 G & C-serious criminal cases
+ imp civil cases.
 judicial & executive powers exercised by
collector and G & C.
 Effective introduction of English
laws
 charter 1668, 1726- co’ introduced
for the first time English laws side
by side the personal laws of Hindus
and Muslims.

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EIC :

EIC GOT LEGISLATIVE POWERS- Conferred full

 Separate court of judicature established for each division at

 25 march 1718- inauguration of court of judicature by Governor Charles

 4 were to be Indians representing 4 different communities-Hindus,

 RAMA KAMTI CASE- DARK JUSTICE AT BOMBAY

 Rama kamti-was rich and influential person-

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