Legal Document No 31
| I am directed by His
excellency the Viceroy and GovernorGeneral in Council to communicate for
the information of the Kashmir State Council the following observations
regarding the arrangements which the Government of India consider necessary
for the exercise of Criminal and Civil jurisdiction within the territories
of His Highness the Maharaja of Jammu and Kashmir.
2. The Government of India consider that the Regulations published with the assent of His Highness the late Maharaja in Foreign Department Notification No. 615-P. of the 28th May 1873 are not entirely suited to the present time. Since the publication of those Regulations considerable changes have been effected within His Highness' territories, and year by year the number of persons visiting Kashmir increases and the opening of the Jhelum Valley Road will doubtless attract more and more British capital into the valley of Kashmir. On the other hand the Government of India are glad to notice that there has been considerable improvement of late in the machinery for the administration of justice in Jammu and Kashmir, and that if the late Council continue to devote attention to this important question, it is believed that the Courts of the State will in time command the confidence of the general public. 3. Inasmuch as the Governor-General in Council possesses full personal jurisdiction over subjects of Her Majesty, who may happen to be within the territories of the Maharaja, it would not ordinarily be necessray to peaus before issuing such orders concerning them as might appear from time to time to be necessary. But the exisiting Regulations having been published with the assent of the late Maharaja, and therefore, out of courtesy to His Highness the present Maharaja and the Kashmir State Council, the Government of India have desired me to communicate to the Council their intention of making alterations, suitable to the existing conditions, in the present procedure. 4. The changes that will be made
are embodied in the accompanying notification, and may be summarized as
follows:
Criminal (a) Arrangements are made for investing the Resident in Kashmir and his Assistants with the necessary powers for enquiry into or trial of cases against
(b) The trial of Native Indian subjects who ordinarily dwell or carry on business or personally work for gain within the said territories will ordinarily rest with the Courts of the Durbar. At the same time it is to be distinctly understood that any such person convicted by such Courts has the right of making a presentation to the Resident in Kashmir, and that if that officer considers there is ground for interference, his representation on the subject to the Durbar will be attended to.
(d) Arrangements are made for investing the Resident and his Assistants with powers to dispose of Civil suits in which
The defendant is an European British subject. The defendant is a Native Indian subject of Her Majesty and at the time of the commencement of the suit does not ordinarily dwell or carry on business or personally work for gain within the territories of the Maharaja.
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