Page 183 - Gulf Precis (VII)_Neat

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4. This being the real position of a ffairs in the opinion of the Government of India, it
is now necessary to see what course ought to be followed in the ease of murder which has
given rise to this reference, and in simillar cases of heinous crimes in future.
5. Looking to the opinion of the learned Advocate General of Bombay, His Excellency
in Council thinks it hopeless to expect that the ends of justice would be attained by any
attempt to send the accused for trial to the High Court of that Presidency. His Excellency
in Council concurs in the opinion that the criminal in this instance is not amenable to the
local jurisdiction of that tribunal, and though he docs not hold, as the learned Advocate
appears to do, that Bassidorc must, on any criminal trial, practically be treated as British
and not as foreign territory, the difficulties in the way of obtaining a convention are so
clearly pointed out in Mr. Bayley’s opinion, that under no circumstances ought any person
accused, in this or similar eases, to be referred for a regular trial by that High Court.
6. But the Government of India cannot consent to the alternative proposed, namely,
that the accused should be deported to the mainland and there set at liberty.
7. The course which ought to be pursued in this and other similar cases is, in the
opinion of His Excellency in Council, as follows :—The crime should be trated as one com­
mitted in a foreign territory, in which the British Government has a representative for
political purposes, and where there is no proper tribunal to take cognizance of such case*
and to bring offenders to justice. It is said by Colonel Polly that there is no official in
these regions who has authority to try a ease of murder, and it is not even clear from
the correspondence, especially from the Resolution of the Bombay Government dated the
17th of July last, No 1857, whether any one has jurisdiction t0 takc cognizance of minor
offences.
8. If this be the case, some official at Bassidore should be at once empowered to hear
and decide petty criminal eases, as well as to hold sessions for the trial of persons accused
of the heinous crimes of murder, robbery, and the like, and to refer the proceedings on such
trials, for confirmation, to the Political Resident in the Persian Gulf. The official holding
the trial at Bassiaorc would, in the eye of the law, be thus merely using the delegated
authority of Persia and Alaskat. The Political Resident should be empowered to pass
sentences in all referred trials within the limits assigned to Sessions Judges in the Bombay
territory, and in all eases in which a capital sentence is deemed necessary, the proceed­
ings should be referred by the Resident, for confirmation or otherwise, to the Government
of Bombay.
9. This is the system which has been adopted on this side of India in the cases of
crimes committed in Rajputana, Indore, and other Native States, where a high official
resides and exercises political and judicial authority. Such cases are there tried by the
representative of the Biilish Government, using the delegated authority of the Native
ruler, and the sentences arc referred eventually for confirmation to the Government of
India, in the Foreign Department. Copies of proceedings in two trials so held are forward­
ed for the information of the Government of Bombay.
10. His Excellency in Council is aware of no reason why this form of procedure
should not be successfully followed in the case of Bassidorc : and, subject to any opinion of
suggestion which the Bombay Government may wish to offer on the matter, he thinks
measures should be immediately taken to provide for the administration of justice and
the punishment of crime in this case and all others in the mode above indicated, and thus
to put an end to a state of things so obviously derogatory to the credit of the British
Government.
151. The following letter of Colonel Ross at Bassidore contain an interesting
review of our position at Bassidore:—
In your office No. 2282-P., dated 2nd October 1877, a report is called for showing
the grounds for the opinion expressed by Lieutenant-Colonel Prideaux in his letter No.
183, dated icjth July 1S77, that the station of Bassidore has always been regarded in the
Persian Gulf as a British dependency, I have now the honour to comply to the best of my
power with this instruction.
2. 1 presume it is desired that the report should include all available information to
enable Government to judge, not only as to the light in which Bassidorc has been habi­
tually regarded as concerns our tenure of it by the Political Officers and others in the
Persian Gulf but also as to the validity or otherwise of the grounds for the position so
assumed.
3. In'this view it might be convenient to consider the following three points
separately:—
(1) Our actual position at Bassidorc adhering to the simple facts of the case apart
from questions of jurisdiction or rights of possession, &c.
(2) The nature of'the tenure as habitually regarded by British authorities, and
others, as shown by correspondence on record, and by the exercise of certain
assumed rights and prerogatives.
(3) The nature and validity or otherwise of the title under which we occupy
Bassidore, and whether under the circumstances a right of possession has
been established.