II Questions asked by Dr. Ambedkar and Replies given by the Government - Page 299

z:\ ambedkar\vol-02\vol2-04.indd MK SJ+YS 21-9-2013/YS-8-11-2013 280

280 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

The Honourable Dewan Bahadur Harilal D. Desai : (i) Mr. Kamble was reverted because he failed to justify his existence, there being no real improvement in the schools placed under his charge.

(ii) Yes.

(iii) The post was abolished because the control of primary schools having been transferred to the local authorities under the Bombay Primary Education Act, 1923, there was no longer any necessity for Government to continue to maintain it.

Dr. B. R. Ambedkar : Does not Government think it necessary that the benefit of a special assistant educational inspector should be extended to the depressed classes schools ?

The Honourable Dewan Bahadur Harilal D. Desai : In the first instance, Government created the special post. The schools have now been transferred to the local bodies, and if Government find it necessary to make such an appointment, they will consider the matter.

(B.L.C. Debates, Vol. XIX, p. 604, dated 7th March 1927)

Judgments of Mr. Fleming, City Magistrate

Dr. B. R. Ambedkar : Will Government be pleased to state—

( a ) whether their attention has been drawn to the judgments delivered by Mr. Fleming, City Magistrate, Poona, in the two recent criminal cases (i) Emperor v. Baburao Fule and (ii) Emperor v. Javalkar and others in both of which the accused were charged under section 500 of the Indian Penal Code ;

( b ) whether they are aware that Mr. Fleming has delivered contradictory judgments on a common point of law involved in both the cases, viz., whether the complainant is an aggrieved person within the meaning of section 198 of the Criminal Procedure Code ;

( c ) whether they have called for an explanation from Mr. Fleming as to why he delivered such contradictory judgments ;

( d ) whether they propose to take any steps against Mr. Fleming in this connection ?

The Honourable Mr. J. E. B. Hotson : ( a ) to ( d ) The remedies provided by the law are open to any person who considers himself aggrieved by a magistrate’s judgment. Government could not without gross impropriety express an opinion in this House on the points to which this question refers.

Mr. S. K. Bole : The answer is given only to ( b ) and not to ( a ) , (c) or ( d ) .

The Honourable Mr. J. E. B. Hotson : The answer is to all four parts of the question.

Mr. S. K. Bole : The question in ( a ) is “whether their attention is drawn to the judgments delivered by Mr. Fleming” but there is no answer to that.