Ayush Dhanraj Gupta, Thakur Ramnarayan College of Law
ABSTRACT:
The Raja Nand Kumar case involved a prominent figure in colonial Bengal accused of forgery and bribery. The trial's fairness and legality have been disputed. Some argue it was a judicial murder, while others contend it was legally valid. The key issue revolves around whether the Forgery Act of 1728 applied to Calcutta, where the trial took place. Questions also arose about the jurisdiction of the Supreme Court over Nand Kumar, who was detained as a prisoner in Calcutta. The trial's conduct raised concerns, given Impey's close ties to Hastings and the refusal to consider appeals or show mercy. This suggests potential bias against Nand Kumar, adding complexity to the case. The Raja Nand Kumar case, while not a judicial murder, signifies a miscarriage of justice. The proceedings were marked by potential bias and legal uncertainties, challenging the ideals of an independent judiciary and rule of law. Nand Kumar's fate serves as a reminder of the potential for injustice within legal systems, even in the pursuit of noble principles.
Keywords: Raja Nand Kumar Case, Warren Hastings, Clive's period, Black Colonel, East India Company, Councilors (Barewell, Francis, Clavering, Monson), Bribery and Corruption charges, Supreme Court (Calcutta), Forgery Act 1728, Chief Justice Impey, Jurisdiction of Supreme Court, Fairness of trial, Predetermination, Miscarriage of Justice, Rule of law, Independent judiciary, Death penalty, Privy Council, British Crown, B.N. Pandey (historian), Radha Charan case, Macaulay (historian), Ex post facto law, Predetermination
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