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Page 124-177 124 GOVT. OF INDIA AGREES [1931 To Sardar Vallabhbhai Patel, Ahmedabad. [H. D. (Spl. Br.), File No. 750 (17)-A, p. 193] Extract from a statement by the Governor-General in Council, published in the Gazette of India (Extraordinary), dated the 24th August 1931. Complaint (3) But cases—those of H. D. Rajah and Ratanji Dayaram were specifically referred to the Bombay Government. The Bombay Government in reply sent copies of speeches made by Rajah which in no way can be said to incite to violence. Ratanji Dayaram's burning of crop held in partnership is described as violence. 1931] INCONSISTENCY OF THE GOVERNMENT 125 Reply of Local Government (3) Ratanji Dayaram was convicted of deliberately burning his tenant's crop, in order that the revenue due to Government should not be paid. The land was leased to the tenant for a half share of the crop. The fact that the accused was a potential owner of a still undefined half share did not entitle him to burn the whole crop and the destruction of his tenant's property can only be regarded as an act of violence which precluded him from the benefit of the amnesty. The case of H. D. Rajah is under further reconsideration. Congress Rejoinder 3. The facts about the latter case are that the land admittedly belonged to Ratanji Dayaram who was the owner of the land. The tenant was a co-sharer in the crop raised and was receiver of half of it. The crop was set fire to and destroyed by the owner Ratanji, it is admitted, not to deprive or rob his tenant of what was his legitimate due but to deprive the Government of their revenue which in normal circumstances he willingly paid but on this occasion he declined to pay having become a civil resister. Ratanji has alleged that his tenant had already removed a portion of the crop and that he burnt what was only a part of his own share. The value of the crop destroyed was Rs. 35 according to the prosecution itself, and the total loss caused by Ratanji to his tenant, the complainant, would, at the most, amount to Rs. 17-8-0. For this offence, in addition to six months rigorous imprisonment, Ratanji was fined Rs. 100. It is clear that Ratanji had no criminal intention but he is alleged to have burnt the crops to avoid payment of Government revenue as a civil resister only. It was at best a case for compensation to the complainant to the extent of the said damage for which the complainant would have filed a civil suit against Ratanji. In a letter to Government on the subject, Gandhiji wrote: " I have now studied the judgment and evidence in this case. There is certainly no violence as contemplated in clause 13 of the Settlement. It is also moreover incorrect to say that the accused burnt his tenant's crop. The accused burnt his own crop which he owned jointly with the complainant Devalia Jagla. If the complainant suffered any damage it was open to him, as it is now, to bring a civil suit against the accused. But where, on the evidence itself and the finding of the judge, admitted by the Government, the crop was burnt in order to prevent officials from collecting revenue from selling the crop there was no question of intending to damage the partner." Gandhiji also pointed out " the inconsistency of Government in releasing the co-accused Ranchhod who had no ownership in the crop and keeping Ratanji Dayaram who was admittedly joint owner of the crop." The Government of Bombay, in reply, contended that Ratanji was only the potential owner of a still undefined half share. But the fact that the tenant 126 NEED NOT ARGUE FURTHER [1931 had removed a share of the crop, gave to Ratanji every right to deal with a portion of the rest as his own. With regard to the release of his co-accused, Government stated: " Enquiries have also been made regarding the release of Ranchhod whom you describe as a co-accused in the same case. It is now found that he was accused of abetment of the offence and that since Ratanji was then absconding he was tried and convicted separately. Ranchhod's release appears to have been recommended on the ground that he was not the principal offender and its sanction was clearly an oversight, which escaped notice owing to the very large number of prisoners who were then being released as rapidly as possible. I am to say, however, that the Government do not propose to re- arrest him at this stage." It is however understood that the Collector recommended the release of both Ratanji and Ranchhod and far from the sanction of the latter's release being an oversight, the release was wholly unjustified. Ratanji Dayaram has by this time served out his full term of the substantive sentence. H. D. Rajah's Case The case of Sjt. H. D. Rajah is said to be still " under further reconsideration ". There has been long correspondence on the subject between Mahatma Gandhi and the Government. Certified copies of the judgment and the evidence had to be obtained and legal opinion was also taken and submitted to Government showing that Sjt. Rajah's case does not involve even technical violence so as to justify his detention in jail even for a single day longer. And yet he has by this time served more than six months in jail since the settlement. While going to the press we are informed that a reply has been received from Government to the effect that they have further reconsidered Mr. Rajah's case but find no justification to order his release. The Government of India have examined the case and they agree with the Government of Bombay that it does not come within the scope of the amnesty. They regret therefore that " they are not able to make any recommendation to the local Government in regard to it". The Congress disagrees with the view of Government and regards the detention of Mr. Rajah as unjust and in contravention of the settlement. [H. D. (Spl. Br.), File No. 750 (17)-A, pp. 195-196] I have marked in blue against the copy of the Congress rejoinder in the Bombay Chronicle the portions with which we are concerned. 2. Ratanji Dayaram and H. D. Rajah—We need not argue any further. (Sd.) G. F. S. COLLINS 23rd October 1931 1931] WHETHER ORDER SHOULD NOW ISSUE? 127 HOME DEPARTMENT (SPECIAL) With regard to the case of H. D. Rajah, attention is respectfully requested in para. 2 of the office note of 12th June. The terms of imprisonment to which he has been sentenced are : (i) Two years' (plus fine of Rs. 400 or 6 months R. I. in default, in respect of each charge) R. I. under section 124-A, Indian Penal Code (one year each on two charges, sentences to run consecutively) ; (ii) Six months' R. I. under section 17 (1) and (2) of the Criminal Law Amendment Act (he was sentenced to six months on each charge, the sentences to run concurrently). It is understood from H. D. (Proper) that the prisoner's nominal roll shows his sentence as two years and six months. 2. As regards the first term of two years to which he was sentenced on the 1st November 1930 and which he is at present undergoing it has been decided that Rajah is not entitled to its remission under the terms of the Delhi Settlement. No action is therefore necessary in that connection. 3. The second term of six months' R. I. under the Criminal Law Amendment Act to which he was sentenced on the 7th November 1930 and which he has not yet begun to serve will, however, it would seem, have to be remitted under the Delhi Settlement. We have not got a copy of the judgment in this case, but there can be hardly any doubt that the offences did not involve " violence or incitement to such violence ". In representing the case for the release of Rajah, Mr. Gandhi forwarded an opinion of " three legal friends " in which the judgment in this case was referred to, and he was informed in reply that Rajah's convictions under the C. L. A. Act were not taken into account by Government in deciding not to release him. 4. It is for consideration whether orders should now issue remitting the sentences inflicted under section 17 (1) and (2) of the Criminal Law Amendment Act. Secretary We may issue formal orders. (Sd.) G. F. S. COLLINS 24th October 128 G. R. PUT UP FOR APPROVAL [1931 H. M. This will not be necessary if H. E. orders the release of prisoners as suggested by me. If he does not, then formal orders may issue as proposed above. (Sd.) G. A. THOMAS 27th October [H. D. (Spl. Br.), File No. 750 (17)-A, pp. 197-198] HOME DEPARTMENT (SPECIAL) With reference to H. M.'s minute of the 27th October, it has since been decided on other papers not to remit the sentences of the " C. D. O. prisoners " whose cases were held to be not covered by the Delhi Settlement. 2. Home Department (Proper) may accordingly be requested to issue formal orders remitting the sentences under section 17 (1) and (2) of the Criminal Law Amendment Act inflicted on H. D. Rajah. That Department may also be asked to consider (if it is necessary and in case it has not already been done), whether the two fines of Rs.
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