The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India Monday February 24 1941

In the course of the first the learned Judge points out obviously as something very significant that the pleaders for the Petitioners did not say a word to the effect that their clients were not guilty or that there was no case against them and that therefore they were more likely to otain justice at the hands of the jury. [...] It is the commonest of commonplaces that the test to go by is this: taking the prosecution evidence as it is and assuming that the whole of it to be true what is the offence which is disclosed? [...] The learned Judge obviously forgot that the machinery he was codemning was as much a part of the judicial system as the Court over which he was prsiding and it was charged by the law of the country to determine facts in preference to Judges in criminal cases of the graver class. [...] In conclusion we might refer our readers to an apposite passage from the writings of a great American jurist which admiably sums up the impropriety of judicial attacks on the jury: The Juries equally with the Judge on the Bench are Judges and as supreme and independent in the exercise of their jurisdiction as he is in his. [...] Such action is not only a gross invasion of the rights of the jury but it is an invasion of the constitutional rights of the suitor who is entitled to have a jury in the box who will not be influenced in any degree in the honest and independent exercise of their own opinion by fear of censure or the hope of applause from the Judge In the present ease the Sessions Judge says that the accused migh