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An Ordinance to make provision for the trial of the persons accused in the Lahore
Whereas an emergency has arisen which makes it necessary to provide specially for the
trial of the accused in the cases known as the Lahore conspiracy case;
Now, therefore, in exercise of the power conferred by section 72 of the Government of
India Act, the Governor General is pleased to make and promulgate the following
2. In this Ordinance \u2013
(a) the \u201cCode\u201d means the Code of Criminal Procedure, 1898; V of 1896
(b) the \u201cHigh Court\u201d means the High court of Judicature at Lahore; and
(c) the \u201csaid cases\u201d mean the cases specified in section 3.
Trial of Lahore Conspiracy cases by Special Tribunal
3. Notwithstanding anything contained in the Code, all cases pending in the Court of Rai
Sahib Pandit Sri Kishan, Magistrate of the First Class, Lahore, against any or all of the
persons named in the Schedule shall be tried by the Tribunal to be constituted under
Constitution of the Tribunal
4. (1) As soon as may be after the commencement of this Ordinance, the Chief Justice of
the High Court shall constitute a Tribunal for the trial of the said cases consisting of three
persons who at the time of such constitution are Judges, Additional Judges or officiating
Judges of the High Court.
(2) The Chief Justice shall appoint one of the members of the Tribunal to be President of
Appointment of New Member where Member Unable to Attend
5. (1) If, for any reason, any member of the Tribunal is unable to discharge his duties, the
Chief Justice shall appoint another Judge, Additional Judge, or officiating Judge of the
High Court to be member of the Tribunal.
(2) Notwithstanding any change in the composition of the Tribunal, it shall not be
incumbent on the Tribunal to re-call or re-hear any witness who has already given
evidence, and it may act on any evidence already recorded by or produced before it.
Procedure of the Tribunal
6. (1) When the Tribunal has been constituted it shall have cognisance of the said cases
and the jurisdiction of the aforesaid Magistrate shall cease.
(2) The Tribunal shall, subject to the provisions of this Ordinance, follow the procedure
prescribed in Chapter XXI of the Code for the trial of warrant cases by Magistrates.
(3) In matters not coming within the scope of sub-section (2), the provisions of the Code,
so far as they are not inconsistent with this Ordinance, shall apply to the proceedings of
the Tribunal; and for the purpose of applying the said provisions, the proceedings already
taken before the aforesaid Magistrate shall be deemed to be proceedings under Chapter
XVIII of the Code whereunder the accused persons have been committed to the Tribunal
for trial, and the Tribunal shall be deemed to be a Court of Session to whom the accused
persons have been duly committed by the aforesaid Magistrate.
(4) In the event of any difference of opinion among the members of the Tribunal, the
opinion of the majority shall prevail.
Conduct of the prosecution
7. (1) The Local Government may appoint a person to be prosecutor for the conduct of
the prosecution of the said cases, and such other persons to assist him as it may think fit.
(2) The prosecutor appointed under this section shall have the powers and shall discharge
the duties of a Public Prosecutor under the Code.
Power of the Tribunal
8. The Tribunal may pass upon any person convicted by it any sentence authorised by law
for the punishment of the offence of which such person is convicted and no order of
confirmation shall be necessary in respect of any sentence by it.
Special Powers of the Tribunal
9. (1) The Tribunal shall have powers to take such measures as it may think necessary to
secure the orderly conduct of the trial; and where any accused by his voluntary act has
rendered himself incapable of appearing before the Tribunal, or resists his production
before it, or behaves before it in a persistently disorderly manner, or in any other way
willfully conducts himself to the serious prejudice of the trial, the Tribunal may, at any
stage of the trial, dispense with the attendance of such accused for such period as it may
think fit and proceed with the trial in his absence.
(2) Where a plea is required in answer to a charge from an accused whose attendance has
been dispensed with under sub-section (1), such accused shall be deemed not to plead
(3) An order under sub-section (1) dispensing with the attendance of an accused shall not
affect his right of being represented by a pleader at any stage of the trial.
Special Rule of Evidence
10. Notwithstanding anything contained in the Indian Evidence Act, 1872, (1 of 1872)
when the statement of any person has been recorded by a Magistrate, such statement may
be admitted in evidence before the Tribunal if such person is dead or cannot be found or
is incapable of giving evidence, and the Tribunal is of opinion that such death,
disappearance or incapacity has been caused in the interests of any accused.
Finality of Proceedings of Tribunal
11. The judgment of the Tribunal shall be final and conclusive and, not withstanding the
provisions of the Code or of any other law for the time being in force, or of anything
having the force of law by whatsoever authority made or done, there shall be no appeal
from any order or sentence of the Court, and the High Court shall not have authority to
revise any such order or sentence or to transfer any case from the Tribunal or to make any
order under section 491 of the Code or have any jurisdiction of any jurisdiction of any
kind in respect of any proceedings under this Ordinance.
Power of the President in Ancillary Matters
12. (1) The president may make all necessary orders for the transfer to the custody of the
Tribunal of all records, documents, exhibits and other things connected with the said
(2) The President may also, from time to time, make orders consistent with this
Ordinance to provide for the place and conduct of the trial, and all other ancillary matters
which he may deem necessary to carry into effect the provisions of this Ordinance.
2. Agya Ram alias Masterji, son of Nand Lal, Brahman, of Lalla, police station Killa
Sobha Singh, District Sialkot.
3. Kishori Lal Rattan alias Deo Datt Rattan alias Mast Ram Shastri, son of Raghbar Dutt,
Brahman, of Dharampur, police station Hajipur, District Hoshiarpur.
4. Dess Raj, son of Ram Kishan, Khatri, of Balgan, police station Sambrial, District
5. Prem Dutt alias Master alias Amrit Lal, son of Ram Datt, Khatri, of Gujrat.
6. Surindra Nath Pandey alias Stone, son of Hira Lal Pandey, Brahman resident of
Mohalla Sabzimandi, Cawnpore.
7. Jai Dev alias Harish Chander, son of Babu Salig Ram, Khatri Kapur, Sadar Bazaar,
8. Sheo Varma alias Parbhat alias Harnarain alias Ram Lal alias Ram Narain Kapur, son
of Kanhiya Lal Varma, Khatri, of Hardoi.
9. Gaya Parshad alias Dr. B. S. Nigam alias Ram Lal alias Ram Nath alias Desh Bhagat,
Kurmi, resident of Khajuri Khurd, Police station Billhaur, District Cawnpore.
10. Mahabir Singh alias Partab, of Shahpore Tehla, post office Raja ke Rampur, District
11. Bhagat Singh, son of Kishan Singh of Khawasrian, Lahore.
12. Batukeshwar Dutt alias Battu alias Mohan, son of G.D. Dutt, of Bedwan, Bengal.
13. Ajoy Kumar Ghosh alias Negro-General, Son of Dr. Ghosh, of Cawnpore.
14. Jatin Sanyal (Jatindra Nath Sanyal), son of Hira Nath Sanyal, of Allahabad.
15. Bijoy Kumar Sinha alias Bachu, son of Markando Kumar Sinha of Mohalla Karachi
16. Shivram Rajguru alias "M", son of Hari Raj Guru, of Sadashiv Peth, Poona.
17. Kundan Lal alias Partap alias Partap alias No. 1, of Fyzabad.
18. Kanwal Nath Trivedi, alias Kanwal Nath Tewari, son of Pandit Surej Nath Tewari, of
Sarya, police station Govindagunj, Champaran (student Vidya Sagar College, Calcutta).
19. Bhagwan Dass alias Gunthala, of Jhansi.
20. Chander Shekar Azad alias Panditji, son o Baij Nath Ram alias Sita Ram, Brahman,
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