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Friday, October 25, 2013

Judicial Institutions in Bengal Reorganised by Warren Hastings

In 1771 the court of Directors resolved " to stand forth as Diwan" and bring the administration of revenue and justice under the immediate control of the Company's servants. The following year,Warren Hastings , who was appointed the Governor of Bengal, drew up a report for the reorganisation of judicial and revenue institutions which  was immediately adopted by the Government. Under this plan, in each district moffussil  Dewani  Adawluts, under the supervision of European collectors of revenue, were established and a Sudder Diwani Adawlut or Civil Court  of Appeal presided over by the Governor and members of the Council was instituted at Calcutta. Under the old system zamindars and farmers were responsible for maintaining peace in their estates and, in cases of robbery, they had to produce both the culprits and the property stolen. Hastings set up Criminal Courts or Fauzdari Adawluts, and transferred to these the jurisdiction formerly exercised by the zamindars. " A qazi and a mooftee, with the assistance of two maulvis, appointed to expound the law, sat to hold  trials for all criminal offences. The English collectors of revenue were, however,directed to superintend the proceedings of these courts, to see that the necessary witnesses were summoned and examined; that due weight was allowed to their testimony,and that the  decisions  passed were fair and impartial." The judgements of the provincial criminal courts were appealable to the Sudder Nizamat Adawlut established at Murshidabad and presided over by an officer appointed by the Nawab. These provincial courts derived their authority and jurisdiction from the Mughal Government in whose name the Company acted as the Diwan and were consequently known, as the Company's Courts as distinguished from the Crown's Courts established under the English royal charters.

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