RAJA NAND KUMAR CASE 05/09/2024

RAJA NAND KUMAR CASE

OVERVIEW –

The ‘First Judicial Murder of Colonial India’ is hence a prominent case which
marks a very important factor of how a justice system should ‘not’ be. It led the
readers to think how vigorously were the britishers conspiring against Indians,
The case of Raja Nand Kumar will always be read in history within the blackest
of Days India faced under Company’s rule. The trial startled and dismayed the
moral scruples of mankind and it is openly a case depicting malfunctioning of
‘natural justice’ during colonial rule. The ‘First Judicial Murder of Colonial
India’ is hence a prominent case which marks a very important factor of how a
justice system should ‘not’ be. It led the readers to think how vigorously were
the britishers conspiring against Indians, The case of Raja Nand Kumar will
 RAJA NAND KUMAR CASE 05/09/2024

always be read in history within the blackest of Days India faced under
Company’s rule. The trial startled and dismayed the moral scruples The ‘First
Judicial Murder of Colonial India’ is hence a prominent case which marks a
very important factor of how a justice system should ‘not’ be. It led the readers
to think how vigorously were the britishers conspiring against Indians, The case
of Raja Nand Kumar will always be read in history within the blackest of Days
India faced under Company’s rule. The trial startled and dismayed the moral
scruples of mankind and it is openly a case depicting malfunctioning of ‘natural
justice’ during colonial rule.
Nand Kumar
gave a letter to Francis mentioning the complaints against Hastings of Bribery
and Corruption and said that Hastings accepted bribery from him of more than 1
lakh for appointing his son Gurudas, as Diwan. It was also said that Hastings
had accepted rupees 2.5 lakhs from Munni begam as bribe for appointing her as
the guardian of the minor Nawab Mubarak-ud-Daulah who was still a juvenile.

Nand Kumar

The ‘First Judicial Murder of Colonial India’ is hence a prominent case which
marks a very important factor of how a justice system should ‘not’ be. It led the
readers to think how vigorously were the britishers conspiring against Indians,
The case of Raja Nand Kumar will always be read in history within the blackest
of Days India faced under Company’s rule. The trial startled and dismayed the
moral scruples of mankind and it is openly a case depicting malfunctioning of
‘natural justice’ during colonial rule. The ‘First Judicial Murder of Colonial
India’ is hence a prominent case which marks a very important factor of how a
justice system should ‘not’ be. It led the readers to think how vigorously were
the britishers conspiring against Indians, The case of Raja Nand Kumar will
always be read in history within the blackest of Days India faced under
Company’s rule. The trial startled and dismayed the moral scruples of mankind
and it is openly a case depicting malfunctioning of ‘natural justice’ during
colonial rule.Le Maistre and Hyde who presided over in the capacity of
Magistrates, heard the case at length, probed & contemplated the evidence, on
behalf of the prosecution till late night.

• The ‘First Judicial Murder of Colonial India’ is hence a prominent case

which marks a very important factor of how a justice system should ‘not’
RAJA NAND KUMAR CASE 05/09/2024

be. It led the readers to think how vigorously were the britishers The
‘First Judicial Murder of Colonial India’ is hence a prominent case which
marks a very important factor of how a justice system should ‘not’ be. It
led the readers to think how vigorously were the britishers conspiring
against Indians, The case of Raja Nand Kumar will always be read in
history within the blackest of Days India faced under Company’s rule.
The trial startled and dismayed the moral scruples of mankind and it is
openly a case depicting malfunctioning of ‘natural justice’ during colonial
rule.conspiring against Indians, The case of Raja Nand Kumar will always
be read in history within the blackest of Days India faced under
Company’s rule. The trial startled and dismayed the moral scruples of
mankind and it is openly a case depicting malfunctioning of ‘natural
justice’ during colonial ruleThe ‘First Judicial Murder of Colonial India’
is hence a prominent case which marks a very important factor of how a
justice system should ‘not’ be. It led the readers to think how vigorously
were the britishers conspiring against Indians, The case of Raja Nand
Kumar will always be read in history within the blackest of Days India
faced under Company’s rule. The trial startled and dismayed the moral
scruples of mankind and it is openly a case depicting malfunctioning of
‘natural justice’ during colonial rule..
• He was put on trial before the Supreme Court with a jury of 12
Englishmen presided over by Sir Elijah Impey who was the friend of
Warren Hastings.
• Supreme Court in its decision in 1775[8], fined Fawkes but reserved its
judgement against Nand Kumar on the ground of pending fraud case.
• The trial began on 7th june 1775 and continued for a period of eight days
without any adjournment and consequently the Supreme Court sentenced
him to death under an Act of British Parliament called the Forgery Act
passed in 1728.
• Serious efforts were made save the life of Nand Kumar and an application
for granting leave to appeal to the king-in-council was moved in Supreme
Court but the same was
rejected.
• The sentence passed by the Supreme Court was duly executed by hanging
Nand Kumar to death on August 5, 1775 at 8:00 a.m. at Cooly Bazar near
Fort William.

Important Questions Raised

1. Whether the Supreme Court had jurisdiction in this matter?

 RAJA NAND KUMAR CASE 05/09/2024

2. Whether the English Act of 1729, which made forgery a capital offense,
was extended to India?

The answer of first question is that the Supreme Court had no jurisdiction to
decide the case as before the establishment of Supreme Court in Calcutta, the
Indiansin Bengal were tried by local Faujdari Adalats and in this case, the
offense was committed before the establishment of Supreme Court.

On the Second question related to the applicability of the Act of 1729 to India,
the opinions of the judges itself were different, but the majority views including
Chief Justice Impey prevailed. The decision of Supreme Court in this case was
very controversial and it showed the arbitrary state of the administration of
justice in India.

Decision
The Supreme Court held that the case of conspiracy was dismissed because they
didn't have any strong evidence against Raja Nand Kumar. But he was held
liable in the second case of forgery and was given Capital Punishment[10].

The court held that Raja Nand Kumar was guilty as charged with forgery and
for the same he was given a capital punishment by the then Chief Justice Impey.

Certain Features Of The Trial

• Every judge of Supreme Court cross examined the defense witnesses. The
intention of the judges was to break down Nand Kumar's witnesses.
• Nand Kumar committed the offence of forgery nearly five years ago in
1770 i.e. much before the establishment of the Supreme Court. The Act
of 1728 under which Nand Kumar was tried had never been formally
circulated in Calcutta and the People could not be expected to know
anything about it.

Critical Appraisal

• The trial of Nand Kumar disclosed that the institution of Supreme Court
hardly commanded any respect from the natives as it wholly unsuited to
their social conditions and customs.
• Raja Nand Kumar was not a resident of Calcutta, therefore, the
jurisdiction of the Supreme Court over his trial was uncertain, because it
 RAJA NAND KUMAR CASE 05/09/2024

was initiated on the complaint of Mohann Prasad who was also an Indian
native.
• The witnesses of Nand Kumar were subjected to severe cross
examination repeatedly by each of the judges of the Supreme Court.
Consequently, the whole defense collapsed as the witnesses were not
familiar to the procedure of English law and its technicalities hence they
got confused.
• The offence of forgery for which Nand Kumar was tried was committed
in 1770, i.e. long before the establishment of the Supreme Court in 1774.
This obviously meant that Nand Kumar was tried under an ex-post-facto
law.
• The trail has been characterized as judicial murder of Raja Nand Kumar
which rudely shocked the mankind. Raja Nand Kumar's trail was
certainly a case of murder of justice.

The ‘First Judicial Murder of Colonial India’ is hence a prominent case which
marks a very important factor of how a justice system should ‘not’ be. It led the
readers to think how vigorously were the britishers conspiring against Indians,
The case of Raja Nand Kumar will always be read in history within the blackest
of Days India faced under Company’s rule. The trial startled and dismayed the
moral scruples of mankind and it is openly a case depicting malfunctioning of
‘natural justice’ during colonial rule.forms of concessional leeway or
endowment or recompensed reparations from the Indian King, Nawab or
Prince.

WHY IS THE TRIAL CALLED

‘ Judicial Murder of Raja nand Kumar’ ?

Many instances related to this whole trial which are mentioned as below indicate
how biased this trial was and how it led to a murder of an innocent man with abs
olute no crime.

1. Chief Justice being a close friend of Warren Hastings

2. Judges were cross-examining the witnesses themselves.
3. The rejection of the petition presented infront of King’s council by the
Supreme court.
 RAJA NAND KUMAR CASE 05/09/2024

4. Justice Impey was accompanied by two other English judges which is also
considered as a factor for them to give decision that had to ‘obviously’ be
against and Indian.
5. And the most important fact , ‘Forgery’ is not even considered a act against
law in both Hindu and Muslim Laws , despite of this fact Raja Nand Kumar
was given Capital Punishment.
All of these facts clearly point towards the fact to what extent this trial was biase
d and how it changed the way people look towards Justice System.

Conclusion

The ‘First Judicial Murder of Colonial India’ is hence a prominent case which
marks a very important factor of how a justice system should ‘not’ be. It led the
readers to think how vigorously were the britishers conspiring against Indians,
The case of Raja Nand Kumar will always be read in history within the blackest
of Days India faced under Company’s rule. The trial startled and dismayed the
moral scruples of mankind and it is openly a case depicting malfunctioning of
‘natural justice’ during colonial rule.