Case Analysis-The Patna Case

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FACTS:

  1. ShahbagBez Khan came to India from Kabul and was serving in the company Army and later he got retired. He thereafter got settled in Patna and married Nadira Begum. He got rich after getting retired. After he settled, he called his nephew from Kabul to India. He had the wish of adopting his nephew and making him his heir; but before he could do so he died in December 1776.
  2. Since ShahbagBez had left huge property behind him, it led to conflict between the wife and the nephew of the deceased. The nephew filed a petition between the provincial council in Patna and the Begum asked the help of the Mufti and Kazi, the Muslim officers to look into the claim of the property by the nephew of the deceased. The nephew also stated in his petition that he was the adopted son of the deceased and therefore the property should be divested in him.
  3. The widow i.e the Begum claimed the property with the basis of the three documents viz- the dower, the gift deed, and the acknowledgment. The Kazi and the Mufti were directed by the court to stock up and seal the property till the issue was resolved.
  4. The Officers did the same by going to the house but in the process, they abused Nadira Begum, the result of which was that she took shelter in the ‘Dargah’. Further, when the case was before the court, it was argued that the dower was already paid by the deceased to his Begum during his lifetime, a sum of Rs.1200, and her counsel had neglected to submit the dower deed. It was further contended that the other two documents, the gift deed, and the acknowledgment, were forged documents and therefore the share of the property should be divided into four shares; three should be given to the nephew and the remaining share to the Begum as per the Muslim law of succession.
  5. The Provincial Council also gave decided in favor of the nephew by looking into the report of the Kazi and Mufti. However, aggrieved by this decision, the Begum approached them to stock up and seal the property till the issue was resolved. The Officers did the same by going to the house but in the process, they abused Nadira Begum, the result of which was that she took shelter in the ‘Dargah’. Further, when the case was before the court, it was argued that the dower was already paid by the deceased to his Begum during his lifetime, a sum of Rs.1200, and her counsel had neglected to submit the dower deed.
  6. It was further contended that the other two documents, the gift deed, and the acknowledgment, were forged documents and therefore the share of the property should be divided into four shares; three should be given to the nephew and the remaining share to the Begum as per the Muslim law of succession. The Provincial Council also decided in favor of the nephew by looking into the report of the Kazi and Mufti. However, aggrieved by this decision, the Begum approached the


ISSUE:

The main issue that was in this case was whether Bahadur Beg, who lived outside the jurisdiction of Calcutta, was subjected to the same and whether the law officers could be punished for their acts they have committed in the exercise of their duty.

ANALYSIS:

The fact of the Patna case and the decision of the Supreme Court exposed the weakness of the Company's administrative machinery in India. It also pointed out the deteriorating state of the administration of justice in India. Secondly, the powers vested with the Kazi and Mufti were misinterpreted by the court which underlines the ignorance of the judges.

The deceased was an agriculturist and the case fell within the ward of the administration. It should the weaknesses of the organization of the judicial system and the committee which was known by the Patna case. This case showed the exercise of extra power and jurisdiction by the officials.

It additionally uncovered the shortcomings of the Sadar diwani adalat at Calcutta as the senator general and the individual from the gathering, who constituted the court barely had any time to take care of the legal work of choosing claims as they were, for the most part, possessed with different works and avenging their shared competitions.

The Patna case also pointed out that the administration of justice under the Charter of 1773 was wholly inadequate. This case was directly responsible for many provisions of the Act of Settlement passed in 1781 to remove the evil effects of the Regulating Act.

CONCLUSION:

The Court held that the due process was not followed and the witnesses were not taken on oath and the officers also had behaved outside their official capacities and therefore the court ordered a sum of Rs. 3 lakhs to the Begum.

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