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Published 25 Nov, 2014 05:59am

From the past pages of dawn : 1944 : Seventy years ago : ‘Insufficient force’ charge

ALLAHABAD: Shah Jahan Bakht, a Sub-Inspector of Police, who was convicted in connection with the August Disturbances in 1942 and sentenced to six months R.I. by a Special Magistrate, and sentence being affirmed by the Sessions Judge (in appeal) was acquitted in a revision by the Chief Justice of Allahabad High Court. The charges made against the applicant were that on August 18, 1942, he allowed a mob of about 3,000 to 4,000 persons to loot and burn Tarwa Police station without using force to disperse the mob, which it was his duty to do as a police officer, and that he was also guilty under Section 29 of the Police Act of cowardice.

His Lordship after summarizing the incident of August 18, 1942, was of the opinion that under the circumstances, no act of cowardice was shown by the accused, and that he was justified in entertaining the brief that the force at his disposal was not enough to cope with the situation. Acquitting the applicant, the Chief Justice remarked: “The conclusion arrived at by the courts below in this case is opposed to all canons of justice and is one which I find impossible to subscribe to.” (Dawn, Delhi)

Published in Dawn, November 25th , 2014

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