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| Justice Elijah Empey rarebooksocietyofIndia.org |
Many justices of colonial India are remembered for their unbiased justice upholding the long held traditions of Judiciary. Of course there are exceptions in the later period of the Raj. Regarding justice Sir Elijah Impey, he is remembered for the wrong reason marked by the infamous trial and execution of one Maharaja Nand Kumar, hence remains a controversial figure in British and Indian legal history, Sir Elijah was the first Chief Justice of the Supreme Court of Judicature at Fort William in Calcutta (Kolkata) in the earliest colonial period and the first British judge to be impeached for his dereliction of duty as a judge. About Nand Kumar, the trial exposed judicial bias and political interference in colonial India.
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| Maharajah Nand Kumar nextfuture.aurosociety.org |
Key Aspects of Sir Elijah Impey's Life and Career: Early Life and Education: Born in June 1732 in a modest family in Hammersmith, England. Educated at Westminster School and later graduated from Trinity College, Cambridge, in 1752. Became a barrister in 1756 after being called to the bar at Lincoln’s Inn.
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| Angry judge wielding gavel stock.adobe.com |
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1786 1st court of judiciary, Ft.William,Calcutta
en.wikipedia.org
The Nand Kumar Case: Maharaja Nand Kumar accused Warren Hastings, the Governor-General of India and Impey’s longtime friend, of corruption. In retaliation, Hastings allegedly orchestrated a charge of forgery against Nand Kumar (who was once his buddy) and made him face the Court to clear his charges. Justice Impey who presided over the trial indirectly sided with Warren Hastings to save his image, took a wrong decision of sentencing Nand Kumar to death under a dubious application of British law, despite the case being seen as a miscarriage of justice. He never got into the details of charges against. The wrong court verdict was given without any proven record. Nand Kumar, an innocent man, was executed on August 5, 1775, becoming the first Indian to be hanged under British rule.
Impeachment Proceedings: The trial sparked outrage in both India and Britain, leading to impeachment proceedings against Impey and Hastings in the British Parliament. Prominent figures like Lord Edmund Burke and Thomas Macaulay described the case as “judicial murder” and criticized Impey for abandoning judicial impartiality. Although Impey was impeached in 1783, he was acquitted due to insufficient evidence.
Later Life: After returning to England, Impey served as a Member of Parliament for New Romney from 1790 to 1797. Retired to New Wick Park near Brighton and passed away in 1809, buried in the family vault in Hammersmith.
Legacy: Impey’s career highlights the complexities of administering justice in colonial contexts and the repercussions of interfering with political process and controversies . While he established foundational practices in British India’s judiciary, his role in the Nand Kumar trial tarnished his reputation, symbolizing the entanglement of politics and law during the British colonial era.
Notable Facts: Portraits of Impey are displayed in the Calcutta High Court and the Victoria Memorial Museum in Kolkata to remind the justices to do their judicial duties with utmost fairness. His application for a fellowship with the Royal Society was rejected in 1795, reflecting his tarnished reputation.
Impey’s legacy serves as a cautionary tale about the dangers of judicial bias and the need for ethical conduct in positions of power.
Based on 2014 articles:
https://www.navrangindia.in/2015/09/justice-sir-elijah-impey-of-british.html
https://en.wikipedia.org/wiki/Elijah_Impey
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