The Cossijurah Case (1779-80)

The Cossijurah case is a landmark case in the history of law and order during the
Colonial Rule in India. The Supreme Court’s and the Supreme Council’s conflicts
gained a peak in this case. While the Supreme Court instructed the sheriff to use
force to carry out the court’s commands, the Supreme Council instructed its troops to
defend the court’s orders. The Supreme Court also claimed jurisdiction over the
entire native population, which the Supreme Council opposed. Because of these
anomalies, this case is historically significant.

Background
On October 22, 1774, in Calcutta, Bengal, the Supreme Court of Judicature at Fort
William was established. The Regulating Act of 1773 gave it legal status. The
Mayor’s Court, which had been in session in Calcutta since 1753, was replaced by
this court. Until 1862, when the Indian High Courts Act of 1861 established the High
Court of Calcutta, British India’s highest court was the supreme court of judicature.

The Supreme Council of Bengal was also established in Calcutta in 1773 under the
Regulating Act of 1773. Until 1833, it was considered the highest level of executive
government in British India.

The Governor-General presided over this council, which was made up of five
members, including the Governor-General himself. Governor-General-in-Council was
another name for the council. The council was formally subjected to the British crown
and the East India Company’s Board of Directors.

Conflicts over court’s jurisdiction

The initial 6-8 years after the establishment of the Supreme Court of Judicature in
Calcutta witnessed intense conflicts between the Governor-General-in-Council and
the Supreme Court. The jurisdictional parameters of the Supreme Court, as outlined
in the Regulating Act of 1773, led to confusion and a strained relationship with the
council.

The Act specified the court's jurisdiction over all British subjects in Bengal and those
employed directly or indirectly by the United Company, causing inevitable clashes.
The court claimed jurisdiction over residents in Bengal, Orissa, or Bihar from 1774 to
1782, leading to a prolonged dispute.

The Bengal Judicature Act of 1781, enacted in 1782, resolved the conflict by limiting
the court's jurisdiction to Calcutta residents or British subjects in Bengal, Orissa, or
Bihar, thereby ending the contentious jurisdiction over residents in Bengal, Odisha,
or Bihar.
Facts of the case

Raja Sundernarain, zamindar of Cossijurah (Kasijora), owed Cossinaut Babu a huge

sum of money (Kashinath). Despite Cossinaut Babu’s best efforts, the money was
not recovered from the Raja. As a result, he launched a civil suit at the Supreme
Court of Calcutta against the Raja of Cossijurah. Raja was arrested when the
Supreme Court issued a writ of Capias.

Raja went into hiding in order to avoid serving the writ since he was terrified. The
Council published a notice alerting all landowners that they did not need to pay
attention to the Supreme Court’s proceedings unless they were either an employee
of the firm or had consented to the court’s jurisdiction. The Raja was also expressly
notified by the council, and the Council further ordered the collector of Midnapur (an
Orissa district) to refuse the Sheriff and his men any assistance. As a result, when
the Sheriff of the SC arrived with a writ to arrest the Raja of Cossijurah, his people
drove him away.

The conflict of jurisdiction in the case

On the 12th of November 1779, the SC issued another writ of sequestration to seize
the property of Raja’s house in order to compel him to appear in court. The Raja was
imprisoned by the British, who are reported to have violated the sacredness of the
family idol by entering the Zenana.

Meanwhile, the Governor-General and Council directed Colonel Ahmuty, the

commander of the armed forces, to deploy a strong force to intercept and arrest
Sheriff and his party and further release Raja.

The sheriff and his party were arrested on December 3rd, 1779, and held in
confinement for three days. They were then deported to Calcutta as prisoners, but
the Sheriff’s party was released by the Council, who also directed Colonel Ahmuty to
release any additional writs issued by the Supreme Court.

Later Developments
Cossinaut Babu's lawsuit against the Governor-General and council members led to
a significant legal and political standoff during the Cossijurah Case. The accused
officials, acting in their official capacities, refused to appear in court. The Council
asserted that individuals residing outside Calcutta need not submit to the court,
vowing to protect local interests with armed forces if necessary.

Army officers prevented the Supreme Court's officials from serving writs on Council
members, escalating tensions. The Supreme Court, feeling humiliated, took action
against North Naylor, the Company's Attorney General, who was imprisoned without
bail.

Despite no actions taken against Council members, the Supreme Court insisted they
weren't exempt from civil action. Justice Impey highlighted legal remedies via appeal,
but conflicts persisted. Ultimately, Cossinaut Babu withdrew the lawsuit on March 12,
1780, signaling the end of this contentious legal episode.

Observations and questions

The Cossijurah case raises two critical issues that must be addressed:

1. Whether the Supreme Court had jurisdiction over zamindars.

2. Who was the decision-making authority in this case?

With regard to the first issue, The councilors couldn't withdraw protection of Raja of
Cossijurah without risking influence. The Supreme Court judges had the authority to
assess zamindars' legal status, unlike the council.

Warren Hastings, in a letter to John Purling, lamented differences with the judges,
emphasizing the inevitability of conflict. Hastings prioritized the council's power over
his friendship with Impey, warning that Bengal and India would be lost to the British
Empire if not supported. Hastings anticipated an open battle with the court, evident in
his order to arrest the court's Sheriff, signaling heightened tensions.

In response to these events, a petition was sent to the British Parliament in March
1779, signed by all major British residents of Bengal, company servants, and
zamindars, protesting the excesses of the SC in Bengal. As a result, a parliamentary
committee was formed, which later presented before the parliament a detailed
report. As a result, the parliament passed the Act of Settlement, 1781.

The Act of Settlement : some key points

The Act of Settlement was a 1781 Amending Act passed by the British Parliament on
July 5, 1781, to correct the flaws in the Regulating Act of 1773. The Declaratory Act
of 1781 is another name for it. Following are some salient features of the Act:

 Changes in the Supreme Court’s powers: Previously subjected employees

of the company were now exempted from the Supreme Court’s jurisdiction.
 Jurisdiction in a Revenue Matter: Expressly set the Supreme Court’s
jurisdiction in revenue disputes to a specific limit.
  Exemption for Jamindars and landholders: The Supreme Court will not
have jurisdiction over anyone who holds the position of a landholder,
farmer, or company employee.
 The company’s provisional court had been recognised.
 Sadar Diwani Adalat was recognised as the chief court. The Act
established the Sadar Diwani Adalat as a court of appeal to handle civil
appeals from company courts.

Conclusion
The Supreme Court of Judicature’s early years in Fort William, Bengal, was
tumultuous. During these years, there were several conflicts between the Governor-
General-in-Council and the Supreme Court. The majority of these disagreements
were over who had jurisdiction over certain subjects. Conflicts over jurisdiction
between the council and the court were evident in disputed cases such as the
Cossijurah Case.

This sequence of confrontations continued until 1781 when the Bengal Judicature
Act was passed. It established the Supreme Court’s jurisdiction in respect to the
council and resolved disputes between the Governor-General-in-Council and the
Supreme Court.