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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎80r] (159/635)

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The record is made up of 1 file (314 folios). It was created in 18 Jul 1935-8 Jun 1935. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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9
Resident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. shall hold and form a Court to be
called the Chief Court, which shall have all the powers of a
High Court of Judicature: the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall be deemed
to be the District Magistrate and Sessions Judge; the Judicial
Assistant to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. shall be deemed to be the
additional District Magistrate and additional Sessions Judge;
and the powers of the Governor General in Council and of the
ncUii Xxv;al Government under those enactments shall be exercisable
by the Secretaiy of State, or, with his previous or subsequent
assent, by the Governor-General of In4ia in Council.
Notwithstanding, in any case triable by a subordinate Magis
trate under Chapters XVI to XXIII inclusive of the Indian
Penal Code if both the complainant and defendant are Muham
madans and are acquiescent in such procedure, the Political
Agent may order the case to be tried by a Qazi, a representative
from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. attending to record briefly the proceedings. In
such suits the judgment passed by the Qazi shall not be carried
into effect until it is ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , and the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall have power to revise the finding and sen
tence as if the Qazi were a subordinate Magistrate, or to return
the case for retrial to the same or another Qazi. The sentence
of the Qazi when ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall for all
purposes be regarded as if it were the decision of the Political
Agent in the District Court.
(2) Any jurisdiction exercisable by the Chief Court in criminal
matters under this Order may be exercised by the Judge of that
Court either within the limits of this Order or elsewhere.
16. In cases in which the Code of Criminal Procedure requires
the sentence of a Court of Session to be confirmed by the High
Court, the sentence shall be referred for confirmation to the
Governor-General of India in-Gounefl instead of to the Chief
Court.
17. Where a person subject to the Order is accused of the
commission of an offence, the cognisance whereof appertains
to the Court, and it is expedient that the offence be enquired
of, tried, determined, and punished in a British Possession, the
accused may (under the Foreign Jurisdiction Act, 1890, section
6) be sent for trial to Bombay.
The Chief Court may, where it appears so expedient, by
warrant under the hand and seal of the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , cause
the accused to be sent for trial to Bombay accordingly.
The warrant shall be sufficient authority to any person to
whom it is directed to receive and retain the person therein
named and to carry him to and deliver him up at Bombay,
according to the warrant.
Where any person is to be sent to Bombay, the Court before
which he is charged shall take the preliminary examination.
Centra!

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Content

Correspondence, minute papers, and notes relating to the issue of The Qatar Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1939. The correspondence is mostly between officials at the Foreign Office, India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , and the Government of India, Foreign and Political Department (later, External Affairs). The papers concern the discussion of the need for the order, its drafting, issue, and distribution, as well as its revision in 1939.

Correspondence with the Shaikh of Qatar, Abdullah bin Jassim Al Thani [Shaikh ‘Abdullāh bin Jāsim Āl Thānī], is also included and mostly relates to his wish for assurance of his jurisdiction over Muslim foreigners.

A copy of the order is found on folios 138-153. A copy of the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. is also included, for reference purposes (folios 271-86).

Extent and format
1 file (314 folios)
Arrangement

The file is arranged in chronological order from the back to the front.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 317; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Two additional foliation sequences are also present in parallel between ff 2-103 and ff 104-316. These are also both written in pencil and located in the top right corner of each folio. The former have been circled and crossed out, the latter have not been circled.

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English in Latin script
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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎80r] (159/635), British Library: India Office Records and Private Papers, IOR/L/PS/12/3322, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100076249766.0x0000a2> [accessed 19 April 2024]

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