327
be put beyond doubt, if it should be denied
I think the
is involved
the magistrate this power. If he is not to have the power, whether a political offence in the crime charged should be left entirely & exclusively to the decision of the Executive - It appears to me inconvenient that the petition should be raised for the first time before the Court of Appeal, which may for reasons reverse the Magistrate's decision that could not have been brought under his notice.
It is not easy to determine whether the
A political question should be left to the decision of the Executive or whether it should be dealt with in the
In the absence of the magistrate subject to the review of the Court of Appeal,
I incline to the final determination of the Executive under certain conditions.
10. I rather incline to the latter course.
The decision whether a political offence is involved, see Sir Henry's Evidence, question 4892 "Hardly reasonable to rely upon a magistrate without appeal to decide that the offence charged amounted to murder" within the meaning, when it might be notorious that the killing was political & not a crime in the legal sense of the word.
I am thinking that the word "shall" & "may" should be substituted for the word 'shall be lawful'.
In regard to the comments for clause 12,
I made clear the addition of a few words at the end of the section "or with the acquittal of the person from such charge". In the comment upon section,
I suggested that this section would only cover acts "bona fide" done in discharge of duty. But those or similar words might be inserted.
I concur with the remaining comments.
Send copy to J.O. with such remarks as may be thought right & with any other comment which may be decided upon, and desire to be informed at once.
224/1
JIMA.
69
20.11.