Written by shriyanshi of 4th sem studying in Amity Law School, Lucknow
BAWLA MURDER CASE 1925
INTRODUCTION
The case was a prominent one but a silent one as it was infamous for many decades. While celebrating the 158th anniversary of Bombay High Court, the case was discussed as it was this case that remind us of the fact that the society and politics of those times affected the investigations done. The evening that ruined the silence of the Malabar Hills and a wave of emotion and fear ran through the residents of Mumbailites(then Bombay). The case would not have been brought to light if the director Homi Master would not have brought it out, Kulin Kanta. “According to the authors Gokulsing and Dissanayake the film was an ‘early form of the courtesan genre in Hindi cinema.’” Later on, this was adopted by the writer, Dhaval Kulkarni in his book who said during one of the interviews that the press was dominated by a certain community.
Let us now delve into the facts of the case, which party went on to impress the judges, how it became the infamous case yet remembered after such a long time and what all it has to offer to us.
BACKGROUND OF THE CASE
The case revolved around Mumtaz Begum, a dancing girl and Abdul Qadir Bawla, a businessman. Begum was desired by the king of Indore, Maharaja Holkar and soon she became the mistress of Holkar rather the most favourite and desirable of the king. She lived there happily for few years but soon she started feeling suffocated and wanted to run away as there were lot of restraints put up by the king on her having got her abortions repeatedly, she even told her lawyer “Rather drown herself in the sea than go back to the Maharaja in Indore.” Thereafter, she rescued herself and ran to Bombay through Delhi and Amritsar.
The story did not stop here and what awaits her destiny was unknown to her as she thought it was her freedom but her freedom was no longer cherished by her life and she succumbed to one of the deadliest incidents of her life. She had found a home in one of richest businessman of those times, Abdul Qadir Bawla and the other side Maharaja sent off people in search of the mistress. On the morning of the 12th January 1925, the day that took the country by fear, Begum and Bawla left Malabar Hills, a colony in South Mumbai to visit the gardens of the Malabar hills, the car had a driver too apart from the above two persons. They were driving when their car was smashed by another Maxwell car and in no moment, five to six people got out of the car with guns and pistols in their hands and attacked Begum who tried to drag her into their car. After seeing her getting attacked, Bawla came to her rescue who was shot more than once succumbed to death to his inability to protect the woman. It was a good fortune that three British Military officers were passing by and the rescued Mumtaz while all the assailants were handed to the police with the help of Col. Vickery. This news spread across and published in the newspapers. It was revealed that Bawla had already set aside 40 lakhs for the pregnant Mumtaz.
The investigations into the case started and while the case was unwrapped it was brought to the light that the whereabouts, the movements, the timings of the Mumtaz Begum were all getting tracked by the men of Holkar and it was this time that was chosen to cause the abduction of Mumtaz. The assailants were associated with king Holkar, Shafi Ahmed, the commander of the cavalry, second one was a driver, the third one was Captain Shamrao Dighe, the Indore Air Force and several others.
The assailants, nine in count, were charged with criminal conspiracy for kidnapping along with the murder of Bawla.
LEGAL QUESTIONS RAISED
The accused were brought before the Criminal Sessions division of the Bombay High court and it was presided over by Justice Crump, the questions were regarding the hanging to death or a lesser punishment for the crime, another was the fair trial of the accused as the press highlight so much so about the crimes of the accused that they are often denied the fair trial.
Sir Jamshedji Kanga appeared on behalf of the prosecution and Mohammad Ali Jinnah on behalf of one of the accused. Both of the well versed with their roles and ferociously good advocates.
The judge listened to both the sides but as the advocates were so good at their work that he himself had to pay more attention. Even after the evidences, the case was more aligned towards the prosecution as it had the support of three military officers as eyewitnesses.
Six of the accused were convicted out the seven accused for murder while the seventh one was convicted for abetment of murder. Three convicted for the murder had higher rate of murdering Bawla hence they were sentenced to death but as soon as the order was given one of the three convicted turned insane and his sentence was reduced to indefinite penal custody. The person convicted for abetment to murder was ought to have been given capital punishment but it was Jinnah’s efforts that converted it to transportation to life.
POST JUDGEMENT
The news of the conviction and one of them turning insane was published by the press in the newspaper and it did reach the city of London.
It did not stop after the order as the convicted person gave in a special leave to appeal before the Privy Council and it was Sir John Simon who was later on the chairman of the Simon Commission that was brought to India. He advocated for the convicted person and contended that “the constant coverage of the murder trial by local newspapers deprived the convicts of a fair trial, which could have been avoided had the Governor- General transferred the case to another jurisdiction under section 527 of the Criminal Procedure Code, 1898.”
To this the Privy Council held that it would not interfere in the matters and orders of the High court as it is just an appellate court. It could only speak up when there is injustice and violation of natural justice causing great harm to the public as well.
Hence, the two convicted persons were hanged to death on 19th November, 1925. The Maharaja was never made part of the conviction yet his name was dragged with the case was he made the headline with being the mastermind behind the murder and death of Bawla. To these increasing reports, the colonial rulers issued a notice to him to either submit an enquiry or give up his kingship. To no surprise he abdicated and left the country and his son Yashwant Rao II succeed him while Mumtaz Begum went to Hollywood.
CONCLUSION
The case was famously known as the Bawla Murder case yet it was infamous, the silent movie was made on. It was a case that involved the love and the crime in the colonial era. The conviction of the accused was not so uncommon but the special leave petition that was filed was not properly heard as the privy council did side-line itself by mentioning that it cannot interfere with the orders of the High Court. The contention of Sir Simon got unheard. It is a lesson for the modern world that the provision of special leave petition should be dealt with utmost sincerity and proper hearing should be done as there could be a grave injustice done even if it involved listening to death sentences.
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