Special Tribunal:
To speed up the slow trial, the Viceroy, Lord Irwin, declared an emergency on 1 May 1930 and introduced an ordinance to set up a special tribunal composed of three high court judges for the case. This decision cut short the normal process of justice as the only appeal after the tribunal was to the Privy Council located in England.
On 2 July 1930, a habeas corpus petition was filed in the High Court challenging the ordinance on the grounds that it was ultra vires and, therefore, illegal; the Viceroy had no powers to shorten the customary process of determining justice. The petition argued that the Defence of India Act 1915 allowed the Viceroy to introduce an ordinance, and set up such a tribunal, only under conditions of a breakdown of law-and-order, which, it was claimed in this case, had not occurred. However, the petition was dismissed as being premature.
Carden-Noad presented the government's charges of conducting robberies, and the illegal acquisition of arms and ammunition among others. The evidence of G. T. H. Hamilton Harding, the Lahore superintendent of police, shocked the court. He stated that he had filed the first information report against the accused under specific orders from the chief secretary to the governor of Punjab and that he was unaware of the details of the case. The prosecution depended mainly on the evidence of P. N. Ghosh, Hans Raj Vohra, and Jai Gopal who had been Singh's associates in the HSRA. On 10 July 1930, the tribunal decided to press charges against only 15 of the 18 accused and allowed their petitions to be taken up for hearing the next day. The trial ended on 30 September 1930. The three accused, whose charges were withdrawn, included Dutt who had already been given a life sentence in the Assembly bomb case.
The ordinance (and the tribunal) would lapse on 31 October 1930 as it had not been passed by the Central Assembly or the British Parliament. On 7 October 1930, the tribunal delivered its 300-page judgement based on all the evidence and concluded that the participation of Singh, Sukhdev, and Rajguru in Saunder's murder was proven. They were sentenced to death by hanging. Of the other accused, three were acquitted (Ajoy Ghosh, Jatindra Nath Sanyal and Des Raj), Kundan Lal received seven years' rigorous imprisonment, Prem Dutt received five years of the same, and the remaining seven (Kishori Lal, Mahabir Singh, Bijoy Kumar Sinha, Shiv Verma, Gaya Prasad, Jai Dev and Kamalnath Tewari) were all sentenced to transportation for life.
To speed up the slow trial, the Viceroy, Lord Irwin, declared an emergency on 1 May 1930 and introduced an ordinance to set up a special tribunal composed of three high court judges for the case. This decision cut short the normal process of justice as the only appeal after the tribunal was to the Privy Council located in England.
On 2 July 1930, a habeas corpus petition was filed in the High Court challenging the ordinance on the grounds that it was ultra vires and, therefore, illegal; the Viceroy had no powers to shorten the customary process of determining justice. The petition argued that the Defence of India Act 1915 allowed the Viceroy to introduce an ordinance, and set up such a tribunal, only under conditions of a breakdown of law-and-order, which, it was claimed in this case, had not occurred. However, the petition was dismissed as being premature.
Carden-Noad presented the government's charges of conducting robberies, and the illegal acquisition of arms and ammunition among others. The evidence of G. T. H. Hamilton Harding, the Lahore superintendent of police, shocked the court. He stated that he had filed the first information report against the accused under specific orders from the chief secretary to the governor of Punjab and that he was unaware of the details of the case. The prosecution depended mainly on the evidence of P. N. Ghosh, Hans Raj Vohra, and Jai Gopal who had been Singh's associates in the HSRA. On 10 July 1930, the tribunal decided to press charges against only 15 of the 18 accused and allowed their petitions to be taken up for hearing the next day. The trial ended on 30 September 1930. The three accused, whose charges were withdrawn, included Dutt who had already been given a life sentence in the Assembly bomb case.
The ordinance (and the tribunal) would lapse on 31 October 1930 as it had not been passed by the Central Assembly or the British Parliament. On 7 October 1930, the tribunal delivered its 300-page judgement based on all the evidence and concluded that the participation of Singh, Sukhdev, and Rajguru in Saunder's murder was proven. They were sentenced to death by hanging. Of the other accused, three were acquitted (Ajoy Ghosh, Jatindra Nath Sanyal and Des Raj), Kundan Lal received seven years' rigorous imprisonment, Prem Dutt received five years of the same, and the remaining seven (Kishori Lal, Mahabir Singh, Bijoy Kumar Sinha, Shiv Verma, Gaya Prasad, Jai Dev and Kamalnath Tewari) were all sentenced to transportation for life.
Special Tribunal:
To speed up the slow trial, the Viceroy, Lord Irwin, declared an emergency on 1 May 1930 and introduced an ordinance to set up a special tribunal composed of three high court judges for the case. This decision cut short the normal process of justice as the only appeal after the tribunal was to the Privy Council located in England.
On 2 July 1930, a habeas corpus petition was filed in the High Court challenging the ordinance on the grounds that it was ultra vires and, therefore, illegal; the Viceroy had no powers to shorten the customary process of determining justice. The petition argued that the Defence of India Act 1915 allowed the Viceroy to introduce an ordinance, and set up such a tribunal, only under conditions of a breakdown of law-and-order, which, it was claimed in this case, had not occurred. However, the petition was dismissed as being premature.
Carden-Noad presented the government's charges of conducting robberies, and the illegal acquisition of arms and ammunition among others. The evidence of G. T. H. Hamilton Harding, the Lahore superintendent of police, shocked the court. He stated that he had filed the first information report against the accused under specific orders from the chief secretary to the governor of Punjab and that he was unaware of the details of the case. The prosecution depended mainly on the evidence of P. N. Ghosh, Hans Raj Vohra, and Jai Gopal who had been Singh's associates in the HSRA. On 10 July 1930, the tribunal decided to press charges against only 15 of the 18 accused and allowed their petitions to be taken up for hearing the next day. The trial ended on 30 September 1930. The three accused, whose charges were withdrawn, included Dutt who had already been given a life sentence in the Assembly bomb case.
The ordinance (and the tribunal) would lapse on 31 October 1930 as it had not been passed by the Central Assembly or the British Parliament. On 7 October 1930, the tribunal delivered its 300-page judgement based on all the evidence and concluded that the participation of Singh, Sukhdev, and Rajguru in Saunder's murder was proven. They were sentenced to death by hanging. Of the other accused, three were acquitted (Ajoy Ghosh, Jatindra Nath Sanyal and Des Raj), Kundan Lal received seven years' rigorous imprisonment, Prem Dutt received five years of the same, and the remaining seven (Kishori Lal, Mahabir Singh, Bijoy Kumar Sinha, Shiv Verma, Gaya Prasad, Jai Dev and Kamalnath Tewari) were all sentenced to transportation for life.
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