Fletcher, Justice : of Calcutta High Court, along with Justice Shāradā Charan Mitter (q.v.), passed the inhuman judgement in the Bloomfield Murder Case (q.v.) in 1907. In November 1910, dealing not with illiterate villagers bereft of a supporting native media but law-conscious Calcuttans & their media, he & Justice Holmwood were forced to set aside the conviction of Manmohan Ghose, printer of the Karmayogin, who had been sentenced to 6 months’ R.I. by the Chief Presidency Magistrate for publishing Sri Aurobindo’s “To My Countrymen” on December 25, 1909.
... who have now become a memory, almost a legend of the past. There has been nothing like the series of important decisions given in a few days by Justices Mitter and Fletcher since the seven Bishops were acquitted. The bold opposition of the sense of justice and respect for law to the interests of an irritated and determined government in a time of great political unrest and disturbance, is an episode... the people, began eventually to affect the High Court. It is true that the High Court is independent of the executive authorities, but it is under the control of the Chief Justice, and by the simple device of securing a Chief Justice of weak personality and multiplying civilian judges of the right kind the institution can easily be converted into a source of strength to the bureaucracy instead of a source... oldest and most venerable institution of British rule, with the most honourable traditions of integrity and independence maintained by a series of judges learned in the law, trained to the love of justice and equity and a calm judicial habit of mind, the High Court had become a thing cherished and valued, a refuge to the oppressed, a guarantee of eventual relief against executive vagaries. It had therefore ...
... fourth of Manicktolla garden, the other three parts belonged to the other three brothers. Following which an application was filed in August for an appeal. The appeal was finally heard by Justices Holm wood and Fletcher on 25-26-27 October. These two British judges allowed the appeal, set aside the conviction and sentence, acquitted the printer, and released him from bail. Their judgments, though separate... State had in mind Page 173 the judges of British courts at home? Evidently he did not grasp the biased mindset of most of those who were dispensing justice in India. Some of them had decidedly peculiar notions of justice. Here was the Chief Presidency Magistrate who found the article to be 'seditious.' Just a few lines from the famous article of 25 December 1909 will make the reader ...
... But the printer duly preferred an appeal to High Court, and there on 7 November 1910, Justice Holmwood and Justice Fletcher, in separate but concurring judgements, held that the article in question was not seditious, and accordingly set aside the conviction and ordered his release from jail. Justice Fletcher said, in the course of his learned judgement: I have come to the conclusion that... that it has not. Alas, this was worse even than the Bande Mataram debacle! "There is nothing to be done," the Secretary of State was informed telegraphically, "the able judgement of Justice Fletcher... will enable a writer with a facile pen (such as Aravinda Ghose) to publish sedition with impunity...." A rueful conclusion, indeed! On the other hand. Lord Hardinge the new Viceroy was able ...
... The manuscript is torn and the number not certain.—Ed. × Justice Fletcher will be Chief Justice ("Justice Fl" is written below and cancelled.)—Ed. × MS the ...
... {Karmayogin Sedition case - Extract from C.I.D. Weekly Report dated 6th September, 1910). But the appellant printer was subsequently acquitted by Justices Fletcher J. and Holmwood who delivered two separate judgments. Justice Fletcher gave the following judgement: "I have come to the conclusion that it does not appear from the article that it is such as is likely to cause disaffection... and a chagrined embarrassment to the Government. A telegram was sent to the Secretary of State as follows: "The result is unfortunate, but there is nothing to be done. The able judgment of Fletcher J. will attract far more attention than the somewhat flabby remarks of his learned brother, Holmwood, and will enable a writer with a facile pen (such as Arabinda Ghose) to publish Sedition with ...
Share your feedback. Help us improve. Or ask a question.