JUDGES NOW AND THEN
Sir – In 1945 Capt. Dhillon, a Sikh, Capt. Senegal, a Hindu and Captains
Shah Nawaz Khan and Rasheed, both Muslims, were tried in Delhi for waging war
as against British Rule. Needless to say the four Captains were disciples of
Subash Chandra Bose.
That case was heard by British judges who were
appointed by the British Government. The Judges acquitted Dhillon, Senegal and
Shah Nawaz Khan, but convicted Rasheed and sentenced him. The national spirit
in those days was such that there was nationwide protest by people over the
conviction of Captain Rasheed.
At that time Byers was a Madras High court
Judge. As the name suggests Byers was a British Judge. Patanjali Sastri and
Panchapakesa Iyer were also Judges of Madras High Court.
One evening, Byer, Patanjali Sastri and
Panchapakesa Iyer were travelling in a car. On the way, the car was stopped by
a mob protesting over the judgement of the British Judges. On seeing the
British Judge Byers, the mob became unruly and violent. To control the situation
Byers, who was possession a licensed revolver, opened fire. The mob melted
away and the Judges returned to their homes.
The next morning, Mr. Byers read a news item
that a lad was found dead with a bullet injury at the place where he had opened
fire.
The Byers voluntarily appeared in the court of
the then Presidency Magistrate and narrated the actual incident and sought
bail. Subsequently, he faced enquiry in court (in those days preliminary
enquiry in the court before committal of a case to the Sessions Court).
Pataniali Sastry and Panchapakesa Iyer,
appeared in Court and gave evidence about the mob turning violent and unruly
and that Byers acted in self defence etc., Byers was discharged by the
Honourable Court. But Byers did not agree to continue in service as Judge. He
resigned because he faced criminal proceedings. He was a Judge of
pre-Independence days.
We are in need of rather dire need of people
like Byers in India today.
–M.
Venkoba Rao, Kurnool
(Courtesy ‘The Hindu’ dated 20-4-2K)