Case Summary : Raja Nand Kumar Case
Introduction
This a case of conspiracy against the Raja Nand Kumar, this was set up indirectly by the Governor General Warren Hastings and Chief Justice Impey of the Supreme Court of Calcutta. The general had enmity by Nand kumar, he fought battle of Plessey by the side of king.
He was admired by the kings, so Hasting took help of other Indians for surrounding him for the conspiracy. Several trials were conducted against him, in first the case was dismissed by the presidency town’s court but after that they filed a case of forgery against him. It was a false case but then also they defeated Nand kumar and was given death sentence by the newly settled court.
Citation:
July, 1775
Fact
The Governor General Warren Hastings and Barnwell set a conspiracy against Raja Nand kumar. Two case was filed simultaneously by the Indians. One was of the forgery and conspiracy. The forgery case was difficult to win by the Governor, so he filed a another case of forgery against the Nand Kumar. The first case was dismissed by the Supreme Court due to lack of evidences. A new case was filed and it was continuously tried in court for eight days. The court session started sharply at 8 a.m., many a time the court heard till the late night. The Supreme Court Chief Justice was Impey who was a good friend of governor. The chief Justice ruled out that Nand Kumar would be handed on 5th August, 1775 near Fort Williams. The decision was biased as the CJI was friend of Governor and they turned the decision in their favour.
Issues:
- The Supreme Court did not had a clear power to give the capital punishment. The capital punishment for forgery was not part of Indian Law where as it was Law in Britain.
- The locals were tried in the Local Court, Faujdari Adalats and Supreme court did not had a clear power to try the case of the natives.
- The Views of the Chief Justice Impey was a very big question as it did not favour the right side.
Held:
The court held that the case of conspiracy was dismissed by the court as they did not had any evidences against the Raja Nand Kumar. The second case of forgery against Nand Kumar was held liable and was given Capital Punishment.
Judgment:-
The Court held that the Raja Nand Kumar was charged with forgery and he was given a capital sentence by the Chief Justice Impey, he was hanged on 5th August, 1775 near Fort Williams.
Analysis:
Accordingly, it is a clear case of conspiracy against Raja Nand Kumar, the Governor General had a personal grudge on the Raja Nand Kumar. He took help of the local Indian Kings, Barnwell and the Chief Justice to tamper with the proofs and create false evidences in order to create a conspiracy against Raja Nand Kumar. The decision of Court was biased on the behalf of the Governor General.
