Page:A Comprehensive History of India Vol 2.djvu/351

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
315
HISTORY OF INDIA.

Chap. IV.] JUDICIAL ARRANGEMENTS. 315

was deemed a reasonable offer, the changes produced by this system of rack- ad. 1772. renting are said to have amounted to a social revolution.

It has been already observed, that " the regular course of justice was every- Judicial ar-

. . . rangements.

where suspended. ' Against this state of anarchy it was necessary to provide. The means eniployed were as follows : — In each district two courts were erected — a civil and a criminal. The civil court, styled mofussul dewannee adaidut, was presided over by the collector, assisted by the provincial dewan; the criminal court, styltdi foujedarry adawlut, was also presided over by the collector, not so much, however, as actual judge, as to overlook the proceedings, and see that they were regularly and impartially conducted. The officers by whom the business was actually conducted were the cazi and mufti of the district, and two moulavies, or expounders of the law. At Calcutta, two supreme courts were established for the review of the proceedings of the provincial courts by appeal. The supreme civil court, styled dewannee sudder adaidut, was pre- sided over by the president, with two members of council, assisted by the dewan of the khalsa, or chief revenue officer, and some other native judges. The supreme criminal court, styled nizamut sudder adaivlut, consisted of a presiding judge, designated daroga-iadawlut, the chief cazi, the chief mufti, and three moulavies. The presiding judge was nominated by the president and council, and was understood to occupy the place of the original nazim. All capital cases were reviewed by his court, but not ultimately disposed of till they had been referred to the Bengal council. At a later period, however, this refer- ence was dispensed with, and the court itself, removed to Moorshedabad, was restored to the nabob as part of the nizamut. For Calcutta itself and its Per- gunnahs, two courts similar to those of the other districts were established, and presided over by the members of council in rotation. In all these courts the proceedings were conducted in accordance with the forms in use before the British supremacy was established.

In a letter addressed to the directors in September, 1 772, Hastings gave a full Expianatoiy

, , letter from

account of his proceedings. The extent of business which it was necessary to Hastings, despatch is thus described: — '• I beg leave to call to your recollection, that by a strange concurrence of unforeseen causes, your administration had at tins time every oljject that could engage the care of government (war only excepted), all demanding their instant attention. The settlement of the revenue of Bengal — the dismissal of the naib dewan and naib soubah of the provinces — the inquiry into his conduct for a course of years preceding — the dismission of the naib dewan of Behar, and inquiry into his conduct — the establishment of the dewannee on the plan directed by the honourable Company — the arrangement of the nabob's household — the reduction of his allowance and expenses — the establishment of a regular administration of justice throughout the provinces — the inspec- tion and reformation of the public offices — and, independent of all these, the ordi-

nary duties of the presidency, which, from the amazing growth of your affairs.