THE TRIAL OF RAJA

NANDAKUMAR CASE

INTRODUCTION
The Regulating Act 1773 led to the establishment of
Supreme court of judicature at calcutta.
There were conflicts which arose between the
supreme court & supreme council.
This case illustrates one of them.
This case was the first event of growing bitterness
between the Supreme Court and Council.
This case also gained historical importance because
warren hastings and Impey were impeached by the
House of commons after their return to england

Events before the trial

Raja Nandakumar was once the Governor of Hugli in
1756 and later due to his loyalty nicknamed as
Black Colonel
He brought several charges of bribery and corruption
against Warren Hastings in 1775.
Rs.1,04,105 for appointing gurudas as diwan
Rs.2,50,000 from munni begam for appointment of
guardian
On 13 March 1775, Nandakumar produced vochers
supporting charges of bribery against Hastings.
In the Council meeting Monson moved a motion to
call Nandakumae before the. Warren Hastings
opposed the motion but it was carried forward by a
majority of votes in the council.
Rajanandakumar was called before the court and he
produced a letter in support of prove the allegation

Facts of the Present trial

Case
A

few months later hastings was found

guilty, nandakumar aling with Joseph fawke
and francis fawke and Radhacharan were
arrested for conspiracy at the instance of the
governor general and barwell
The trial of Nandakumar for conspiracy
continued together with another trial of his
for forgery of bond from bulaki das, banker in
1765
1775- Conspiracy case judgement- all were
given fine but judgement against
nandakumar was reserved on account of
forgery case.
6th may 1775 Le maistre and hyde-

7th

may 1775, Mohan prasad gave a bond to

prosecute nandakumar in supreme court ,on
basis of this trial of nandakumar began before
the chief justice and three other judges and 12
jury members
Mohan prasad advocate Durnam
Nandakumar Advocate Thomas Farrer
Trial started on June 1773 and continued for 8
days (from 8 A.M till late night)
Reason for delay in trial is that documents,
statements and accounts were in diff
languages it was translated in english and
another was every single judge cross
examined the defense witness.
The trail went on till 15 june , on 16 th june,
Impay CJ summed up the whole case.

Judgement

Verdict of guilty was

given and death sentence was
passed against nandakumar under
the Act of British Parliament, 1729.
From 16 JUNE TO 4july various
efforts to safe the life of
nandakumar were taken appeal
was made to the king in council
and petition to stay the execution
of the sentence by the court
rejected the petitions
Raja Nandakumar was thus hanged
on 5 August 1775 at 8 AM at cooly

Two

Important questions raised in the

trial
Whether Nandakumar trial came under
the jurisdiction of the court?
Objection regarding the jurisdiction of
SC was based on the ground that before
the advent of SC, the Indians in bengal
were tried by their own men in their own
local criminal courts. In this case as the
offence was committed before the
advent of the SC, nandakumar could be
tried only by Faujdari Adalat and not by
the SC

The

next question was whether English Act,

1729 which made forgery a capital offence by
which nandakumar was executed was
extended to india ?
Upon the applicability of the Act, there was
difference of opinion amongst the judges
The chambers stated that the Act of 1729 was
for the local policy of england where it is
applied for highly penal situation to guard
against the falsification of paper currency and
credit and thought the same reasons did not
apply to the then state of bengal.
But impey CJ stated rejected the chambers
opinion and stated that Act applied to the case

Impey

Cj declared his firm belief

First, that the statute of 1729 did apply to India
Second, that the english criminal law in general
and statue of 1729 were administered in India
in english courts that functioned before the
advent of the supreme court.
Third, judges had no option to try forgery under
any different law.
All criminal laws in force in 1753 became the
laws of the town of calcutta by charter of justice
granted by King George I
Thus the stature of 1729 was extended to lndia
by the charter of 1753 as it was passed before
the chis charter.

Some

peculiar features of the trial

Charge preferred against Raja Nand kumar was
shortly after he had levelled charges against
warren hastings
Impey CJ was close friend of Hatings
Every judge of the supreme court cross examined
the defence witnesses due to which the whole
defence of Raja nand kumar collapsed.
After nandkumar was held guilty , the appeal
petitions were rejected without any consideration.
Supreme court was empowered by the Charter of
1774 to suspend capital punishment and forward
the matter for mercy to his majesty but the mercy
petition of Rajanandkumar was not forwarded.

Earlier

in 1765, a native named Radha Charan

Mitre was tried in calcutta for forgery under the
statue made applicable to nand kumar and death
sentence was passed. A petition was sent to
general spencer from the native community of
calcutta requesting either a reversal of sentence
or a respite pending an application to the
throne. The prayer was granted and Radha
charan mitre got free pardon from the King.
Neither under Hindu law nor under mohammedan
law was forgery regarded a capital crime.
This judgement was heavily criticised by the
englsihmen as well as indians.
On their return to England, Impey and Warren
Hastings were impeached by the house of
commons.

Macaulay

critically observes : Impey acted unjustly in refusing to respite Nand

kumar. No rational man can doubt that he took this
course in order to gratify the governor general.
Hastings three or four years later, described Impey
as the man, to whose support he was at one time
indebted for the safety of his fortune, honour and
reputation. These strong words can refer only to
the case of nandakumar; and they must mean that
impey hanged Nand kumar in order to support
hastings. It is therefore, our deliberate opinion that
impey, sitting as a judge, put a man unjustly to
death in order to serve a political purpose.