Judges now and then

Sir, - In 1945 Capt. Dhillon, a Sikh, Capt. Senegal, a Hindu and Captains Shah Nawaz Khan and Rasheed, both Muslims, were tried in Delhi for waging war as against British Rule. Needless to say the four Captains were disciples of Subash Chandra Bose.

That case was heard by British judges who were appointed by the British Government. The Judges acquitted Dhillon, Senegal and Shah Nawaz Khan, but convicted Rasheed and sentenced him. The national spirit in those days was such that there was nationwide protest by people over the conviction of Captain Rasheed.

At that time Byers was a Madras High Court Judge. As the name suggests Byers was a British judge. Patanjali Sastri and Panchapakesa Iyer were also Judges of Madras High Court.

One evening, Byer, Patanjali Sastri and Panchapakesa Iyer were travelling in a car. On the way, the car was stopped by a mob protesting over the judgment of the British judges. On seeing the British Judge Byers, the mob became unruly and violent. To control the situation Byers, who was possessing a licenced revolver, opened fire. The mob melted away and the Judges returned to their homes.

The next morning, Mr. Byers read a news item that a lad was found dead with a bullet injury at the place where he had opened fire.

Then Byers voluntarily appeared in the court of the then Presidency Magistrate and narrated the actual incident and sought bail. Subsequently, he faced enquiry in court (in those days preliminary enquiry in the court before committal of a case to the Sessions Court).

Patanjali Sastry and Panchapakesa Iyer appeared in Court and gave evidence about the mob turning violent and unruly and that Byers acted in self defence etc. Byers was discharged by the Honourable Court. But Byers did not agree to continue in service as Judge. He resigned because he faced criminal proceedings. He was a Judge of pre-Independence days.

We are in need of, rather dire need of people like Byers in India today.

M. Venkoba Rao,

Kurnool

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