'Baroda Enquiry Commission Report, 1874' [‎94r] (192/502)

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15
SCHEDULE No.
Complaints of Baroda Subjects.
R emarks.
Case of Amba, Tanee, Balventrao Sa-
gurkur, (a foreign subject), and Bhug
vunta Guruv.
The facts of this case are, as follows : In the month of November
1871, a woman in the service of the Gaekwar, named Amba,
accompanied by her daughter, Tanee, and 2 companions, named
Bulvantrao Sagurkur and Bhugvunta Guruv, and others left
Baroda with all their property intending to proceed to Cen
tral India.
Their object was to better their circumstances at Scindia's
Courts but no sooner had they departed, then a Baroda Dur
bar Karkoon was sent in pursuit. He followed them as
far as Nasik^ where he obtained information that they
were then at Bhosawul, in Khandesh. He thereupon tele
graphed to the Police Inspector telling him that the four
persons above mentioned had stolen Baroda Government pro
perty and should be arrested. Information was at the same
time feent to the Deputy Minister at Baroda to move the
Resident to apply for the surrender of the accused persons.
The Resident thereupon telegraphed to the Railway Magistrate
of Bhosawul to detain Amba and whereas the Railway
Magistrate replied by letter saying that four persons instead
of these two had been forwarded to Baroda and surrendered
to a Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). official.
On the receipt of the Railway Magistrate's letter Colonel Barr
called for the prima facie case, and sent for all the witnesses.
The first was sent; but the witnesses were never sent.
It is important to notice that the* surrender of the accused per
sons to an officer of the Baroda Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). was wholly illegal^
and under the circumstances most improper. Under no cir
cumstances had the Railway Magistrate authority to surrender
accused persons to any Native State for trial. No prima
facie case had been submitted to the Railway Magistrate ; no
reference was made by the Railway Magistrate to the Resi
dent before surrendering the accused. The four accused per
sons were simply handed over to a Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). Karkoon on his own
. . statement, without any legal justification whatever,
by uhe Daibarto impiisonment for 14 prima facie case submitted by the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). speaks for itself.
Another instance of illeg^al surrender is
shown in case No. 14 of Schedule I., in
which Gopaldass Salekram^ of the Kaira
village of Neriad, was handed over by
the Deputy Collector^ Ahmedabad, to
the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). Police a short time ago, and
was thrown into prison in Baroda, and
only released on the demand of the
Resident..
Also the case of Manecklall Vithul, a resi
dent of Ahmedabad^ who was sentenced
years on a charge of writing a defamato
ry letter to his brother in Ahmedabad,
Vide case No. 9^ Schedule I.
In the case of Nuthwa Tisla, No. 5 of
Schedule I., illegal bail was exacted
from a Maheekanta subject to compel
his appearance before a Baroda Court.
The two first instances mentioned show
that the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). possess some indepen
dent means of obtaining British subjects
from British territory, otherwise than
through the proper channel.
The extent to which this evil exists is
unknown to the Resident^ but it is
quite impossible that the relations be
tween the two States can be on
healthy footing whilst instances of this
sort can occur.
There is also the case of the Parsee^ Ba-
pujee Cursetjee, seized by Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). offi
cials in Surat territory, which is still
pending in the Surat Magistrate's Court,
Vide case No, 11, Schedule I.
The whole case appears to have been got up on the complaint
of the girl, Kasee-, the foster daughter of Amba. Kasee has
however appeared and stated that she never made any com
plaint at all. The depositions submitted by the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
purport to have been taken before the Fouzdar, but they are
unattested by him, and the accused persons state that no in
vestigation of any kind was made, and that the depositions in
their respective names are in fact forgeries. It is also a most
significant fact that in the prima facie case submitted by the
Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). , Tanee, the chief offender^ if any offence was commit
ted at all, is not even charged, but her own father, Nimbajee^
is taken to jail in her place, whilst the daughter is taken to
be the mistress of the Maharajah.
The entire case is one of considerable importance ; it affords a
specimen of deliberate abuse of power on the part of the Dur
bar, against four innocent persons; one of whom (the father
of the girl Tanee) has died in prison ; and three of whom have
undergone imprisonment for lon^ periods without any hind of
trial or any charge whatever. The last two persons (one 0/
them a foreign subject) where only released on the interposi
tion of the Resident. These^ as well as Amba, have been
plundered of a considerable amount of property.
The possession of the girl Tanee was the primary object in view,
and in order that this possession might be interrupted as little
as possible^ the girl's natural guardians, her own father and
her foster mother Amba,were thrown into prison pending the
Maharajah's pleasure.