Case Study

The Cossijurah Case

(1779-1780)

(COSSIJURAH CASE)
INTRODUCTION
BRIEF FACTS OF THE CASE.
QUESTIONS AND ANSWER
SETTLEMENT ACT 1781
CONCLUSION
MEANING OF TYPICAL
WORDS
Introduction:
Aftermath, the Hon’ble Supreme Court issued a writ of Capias for the Raja’s
arrest, confrontation between Supreme Court and the Council, took place and
became evident to the highest degree. Raja Surendernarain jamidar, being afraid of
the arrest, avoided service of writ by hiding himself. Whereas, Supreme Court has
ordered to sheriff to put in every possible effort including use force in order to
execute its order. On the contrary, the supreme Council ordered its troops to defend
the implementation of its orders. The Supreme Court also claimed its jurisdiction
over the whole native population which was opposed by the supreme Council in
confrontation with Supreme Court’s inherent powers. Owing to these legal
conflicts, this case has become more important along with its historical
significance.
 Brief facts of the case:

The brief facts of the case are enumerated as follows:

Sh. Surendernarain Zamindar, the Rajah of Cossijurah was heavily indebted to
Kashinath Babu .When Kashinath Babu requested for the return of his money, the
Zamindar showed reluctance by making some pretext. He started procrastination to
defray the debts. Owing to these circumstances, Kashinath Babu, approached the
Revenue Board, but his efforts brought no result. At last, on13th August, 1777, he
filed a case against the Rajah in the Supreme Court at Calcutta. In his affidavit, he
mentioned that the Rajah was in the service of the Company having been employed
in the collection of the revenues. He further stated in his affidavit that the Rajah
was subject to the jurisdiction of the Supreme Court. Taking cognizance of the
contentions made by Kashinath Babu, the Supreme Court issued a notice to the
Rajah directing him to appear before the Court. In the meantime the matter was
referred to the Council at Calcutta which referred the matter to the Advocate-
General for his advice on the point whether the Zamindar was responsive to the
jurisdiction of the Supreme Court. The Advocate-General advised that the Supreme
Court had no jurisdiction over the Zamindar. Thereupon the Governor-General-in-
Council issued instructions to all the farmers and landholders that they didn’t come
under the ambit of the Supreme Court as such they could ignore the process of the
Court and no need to pay any specific heed toward Supreme Court.
Since, Rajah of Cossijurah had absconded to evade his arrest, the Supreme
Court,issued another notice to the Rajah who did not comply with the notice in
view of the instructions from the Governor-General-in-Council. In fact the men of
the Zamindar drove away the Sheriff and other officers who had come to arrest the
Zamindar on a writ of capias. Thereupon on 12th November 1779, the Supreme
Court issued another writ for the confiscation of the property of the Rajah. The
Court sent the Sheriff along with some armed constables.

In view of the Supreme Court’s order, the Council also came into action
and decided to protect the Zamindar. Accordingly it dispatched a group of armed
force to prevent the arrest of the Zamindar. In the meantime, the Sheriff and
officers caught hold of the Zamindar physically, assaulted him, insulted the ladies,
and did many acts of disrespect to the idols of the gods placed in a room of the
Raja. By that time the Commander of the army which had been dispatched already
reached the spot under the orders of the Governor-General-in-Council and affected
the arrest of the Sheriff and his men on 3rd December 1779 and took them to
Calcutta, where they were released later on. Thereafter the Supreme Court issued a
writ for the arrest of the Commander. This writ was also prevented by a similar
show of armed force.

When all efforts to recover his money became infructuous, Cossijurah

decided to file a suit against the members of the Council. Accordingly he brought
an action against the Governor-General and the other members of the Council in
the Supreme Court. The Governor- General and his Councilors appeared in the
Court in the first ‘instance. When they came to know that the plaintiff had brought
an action against them in their official capacity, then they decided not to show their
presence before the Court.

The Council issued instructions to all the Zamindars, landholders and the
persons residing outside Calcutta not to pay any heed to the process of the Court
and that in the case the Supreme Court persisted in issuing writs against them, the
Council would oppose and protect them.

The confrontation between the Supreme Court and the Council brought out
the inherent weaknesses and defects in the Regulating Act which did not specify
the areas and the persons which were under the jurisdiction of the Supreme Court.
The language of the Act was vague enough for various interpretations. These
defects, however, were removed to a great extent by the passing of the Act of
Settlement 1781.
 Questions and Answers

The case study made out two important questions for reasonable consideration:-

1. Why supreme Council was adamant to its order in contrary to Supreme Court
narrative?
2. Who was competent authority to decide the case of Sh. Surendernarain
Zamindar, the Rajah of Cossijurah and Kashinath Babu ?

As regards to first question, after deciding to prevent the arrest of Raja Sh.
Surendernarain Zamindar, the supreme Council could not withdraw its ordered
without damaging their power and Prestige, despite

Regarding the second question the judges of the SC was the quite competent
authority to determine the legal status of zamindars and as such the Council has no
such power.

Consequent upon the conflict between Supreme Court and Supreme Council. in
March 1779, a petition filed by all the prominent British inhabitants of Bengal
servants of the company jamidar was sent to British Parliament, against excesses of
SC in Bengal. As a result of this a parliamentary committee was appointed. The
committee presented a detailed report on the conflict between the Supreme Court
and the Council. The parliament therefore passed an act of settlement in 1781,
provision of which mentioned hereinafter in detail.
 ACT OF SETTLEMENT 1781

The Act of Settlement 1781 was intended to remove some of the most obvious
defects in the working of the Supreme Court at Calcutta. These defects came to
light soon after the court started functioning and the situation was precipitated, by
the famous Patna and Cosijurah cases (ap per next chapter). The following were its
provisions,

(1) The Governor-General and the members of his council were made completely
immune from the jurisdiction of the Court,

(2) Revenue matters were taken out of the jurisdiction of the Supreme Court,

(3) The Act clarified that no person was subject to the jurisdiction of the Supreme
Court by being a landowner, landholder, fanner, or engaged in the collection of
revenue.

(4) No person employed by the Governor-General or the members of his Council

or by any servant of the Company was under the jurisdiction of the Supreme Court
merely for his being so, except where he submitted in writing to its jurisdiction.
The only cases where the Court could assume jurisdiction in case of such persons
were of trespass or other wrongs,

(5) The Act also made provision for the release of the various officers of the jail by
the orders of the Supreme Court in connection with the Patna Case (ap per next
Chapter). The Act further provided that no action was to be entertained by the
Supreme Court against the judicial officers of the Company. Even in the case of
corruption, a notice was to be served on the person concerned, but no such person
could be arrested until the person refused to appear before the Court after the
notice was duly served. This provision gave much relief to the judicial officers of
the Company who were under fear of the Supreme Court and were reluctant to
function at the Adalats.

(6) The Act also made it clear that in cases involving the natives, the personal laws
of the natives should be applied. Where the dispute arose between natives of two
different communities, i.e., the Hindus and the Muslims, then the law of the
defendant would be applied.

(7) It was made clear that the officers of the native Courts that is adalats were not
liable to the jurisdiction of the Supreme Court for any act done in their judicial
capacity. However, if there were charges of corruption levelled against them, then
the Supreme Court could proceed against them after giving them one to three
months’ notice depending upon the distance where the officials so charged were
residing. In that case, the officials were not liable to arrest or detention.

(8) the Sadar Diwani Adalat was declared a Court of Record in Diwani cases and
to be a court of final jurisdiction in civil matters of the value of Rupees five
thousand beyond which appeals could be taken direct to the Privy Council. Thus
the Diwani adalat was not a Court, in any way, subordinate to the Supreme Court.

Thus, it would be clear, the Act of Settlement of 1781 clarified a lot of ambiguities
in the Regulating Act of 1773 and also settled once for all the jurisdictional issue
which had become a cause of conflict and hostility between Supreme Court and the
Governor-General in council as also had created lot of apprehension in the minds
of the judicial officers of the natives’ Courts such as the Adalats. Now the Sadar
Diwani Adalat was itself a Court of Record, with a final jurisdiction in civil or
Diwani matter upto the value of Rupees five thousand and now the appeals from
the decisions of the Diwani Adalat could be taken direct to the Privy Council
without any reference etc. being made to the Supreme Court.

After going through the entire facts of the Cossijurah case, it has been found that
the machinery of administration of justice cannot effectively function unless its
respect and dignity is fostered and maintained. The confrontation between the
Supreme Court and the Council brought out the inherent weaknesses and defects in
the Regulating Act which did not specify the areas and the persons which were
under the jurisdiction of the Supreme Court. Both the agencies were adamant to
show their supremacy. May be that time the provisions and rules were unclear and
that is why conflict between Supreme Court and Supreme Council had taken place.
Owing to these ambiguities, Kashinath Babu could not attain to verdict. The
Supreme Council misused its power and put in all attempts to provide security
cover to Raja of Cossijurah. Even Supreme Council advised the people not to pay
any heed toward the process of the Supreme Court and created a situation of
dilemma and anarchy. Thus, Kashinath Babu becomes scrape goat due to conflict
and ambiguities. In my opinion, it was clear cut contempt of the Supreme Court
and Supreme Council has not right to override the jurisdiction of Supreme Court.
MEANING OF TYPICAL WORDS USED IN THE CASE
STUDY

1. Writ of Capias- an order regarding arrest of a named person.

2. Procrastination- To make delay on one pretext to another.
3. Infructuous- Ineffective
4. Ambiguities- unclear, indefinite.

Prepared by: -

Source of information: Book and Internet.

Submitted to: -