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CHRONOLOGICAL HISTORY AND CONSTITUTION OF COIMBATORE DISTRICT JUDICIARY, ADMINISTRATION OF JUSTICE,JAILS AND LAW AND ORDER
In 1806, a Zillah Court was established in Dharapuram under Regulations II and III of 1802. However, its powers were quite limited, and the judicial authority of the collectors was abolished. Concurrently, a Sadr Amin and Mufti Sadr Amin Court were established.
By 1816, the Zillah and Pundit and Mufti Sadr Amin Courts were relocated from Dharapuram to Coimbatore. These courts operated until 1822 when they were abolished and the jurisdiction of Coimbatore district was incorporated into the Salem Court. This arrangement persisted until 1826.
In 1827, a new court called "The Auxiliary Court," presided over by an "Assistant Judge," was established under Regulations I and II of 1827. Additionally, a Sadr Amin Court was instituted. The Assistant Judge held equivalent civil powers as the Zillah Judge.
The Commissioner Courts were dissolved by Regulation VI of 1816, and in their place, Munsiff Courts were established at Coimbatore, Udamalpet, and Cheyur. Around 1828, following the abolition of the Zillah Court at Seringapatam, Kollegal, along with one Munsif, was incorporated into the Coimbatore District.
In 1840, a Munsiff Court was inaugurated at Ootacamund taking over the civil administration previously overseen by a Military "Court of Requests."
By 1843, with the introduction of Act VII of 1843, Bhavani and Karur, previously under the jurisdiction of the Zillah Court of Salem, were transferred to this District. Munsiff Courts were established at each station, bringing the total number of Munsiff Courts to seven, namely Coimbatore, Udamalpet, Cheyur, Kollegal, Ootacamund, Karur, and Bhavani
Around 1847, the "Hindu Sadr Amin Court" was discontinued.
In 1866, the Courts at Bhavani and Cheyur were dissolved, and a single Court was established at Erode in their place.
In January 1873, a similar Court was established in Karur but was subsequently abolished in 1874.
The Munsiff Court at Ootacamund was abolished in 1855, and a Principal Sadr Amin Court took its place. This was later transformed into a Subordinate Judge's Court in 1858.
The latter court operated until 1863, with the Sessions Judge of Coimbatore presiding over sessions there as needed.
In 1868, the Nilgiris were established as a separate district and placed under a Judicial Commissioner. However, they were later reintegrated into the Coimbatore district solely for judicial purposes through Act II of 1881. A District Magistrate was appointed to oversee the Nilgiris, also serving as an additional Sessions Judge with authority to adjudicate on all offences except those punishable by death or transportation for life. Concurrently, a Subordinate Judge was established with jurisdiction over the Nilgiris District, empowered to handle minor cases up to Rs.500.
In 1873, the Civil and Sessions Court, established under Act VII of 1843, underwent a change in nomenclature, now referred to as the "District and Sessions Court."
The ordinary Civil Courts in this district were classified into three tiers :
ADMINISTRATION OF JUSTICE & HIERARCHY OF CIVIL COURTS
These were small-scale courts, overseen by officials known as "Village Munsiffs." Village Munsiffs were appointed by the Collector and had the authority to adjudicate suits where the amount or value in question did not exceed Rs. 10, as per Regulation VI of 1816. However, Madras Act IV of 1883 increased this limit to Rs. 20.
Established under Regulation VI of 1816, the appointment of District Munsiff was initially under the purview of the Zillah Judge, subject to confirmation by the Provincial Court. Presently, appointments to this position are made by the High Court. In this district, there were five regular District Munsiff Courts, namely :
It serves as the primary court in the district. In addition to their judicial functions, the Collector and their assistants, acting independently, also exercise judicial authority under specific Acts.
As the principal court in the district, it handles appeals from the decisions and orders of the District Munsiffs, as well as certain rulings made by the District Collector and their assistants. Moreover, it possesses the authority to transfer original suits from Subordinate Courts for adjudication or referral to other Subordinate Courts.
There was no Sub Judge assigned specifically to the district, but there was one designated for the Nilgiris region.
Coimbatore was divided into two Sub Divisions under Public Works:
The Criminal Courts in this district were categorized into five grades :
The average annual expenditure amounted to Rs.73,684.00, primarily allocated towards salaries and contingencies. The net cost of these Courts to the Government was Rs.43,189/- per year.
Murder, dacoity, and cattle theft appear to be more prevalent in Coimbatore compared to other districts of the Presidency. However, no specific reason had been identified for the unusually high number of murders committed in the district.
In 1888, one particularly horrifying murder occurred, involving a man sacrificing his child in a quest to uncover hidden treasure
A significant number of dacoities in Coimbatore in the past have been attributed to the failure of rain and subsequent rise in prices.
Cattle theft was a significant and persistent crime during that period, showing no signs of decline. In 1888, there were 333 reported cases of cattle theft, which increased to 533 by 1892. It is believed that the actual number of such cases were even higher, as the practice of paying blackmail (known as "tuppukuli") to thieves had never been eradicated.
The jails in the district can be categorized into two classes :
Construction of the Central Jail began in 1862, with partial occupancy starting in 1865 and full completion achieved by 1868. Situated on a plain north of the Cantonment and northeast of Coimbatore Town, the land attached to the jail spans about 175 acres, primarily underutilized due to poor soil quality and limited access to water.
The capacity of the Jail, including closed prison sections, was for 1266 prisoners, comprising 1260 males and 6 females. Additionally, hospital and observation cells were accommodating 123 and 54 persons, respectively.
The prisoners were engaged in agricultural work on the jail farms, as well as in gardening and manufacturing activities. However, the success of the jail farm had been hampered by the absence of a competent superintendent, as well as the poor quality of the soil and insufficient water supply, despite the presence of approximately 20 wells scattered across the area.
Convict warden guards were provided with a rice-based diet and were permitted to cook for themselves. They were also allowed to spend a portion of their weekly allowance, known as batta, on fruits. These guards took on sentry duty within the jail premises during the night.
The daily diet typically consists of Ragi (a type of millet) every day, except on Wednesdays and Sundays when rice was provided in the evening. Additionally, prisoners receive 5 ounces of boneless meat or 2 1/2 ounces of salted fish three days a week. Female and juvenile prisoners were allotted 20 ounces of grain and 4 ounces of meat.
Each prisoner received a full meal at 11 AM and 5:30 PM. The health of prisoners was generally not adversely affected by their diet or labour, and in fact, they often exhibit improved physical appearances after spending some time in prison. Vital statistics associated with this section indicate that, overall, the Coimbatore jail maintains a healthy environment. The cholera epidemic that struck the presidency in 1891 was the most severe since 1877.
There are a total of 15 Subsidiary Jails :
Subsidiary jails primarily accommodate convicts with sentences not exceeding one month, who serve their complete term there. However, these prisons also house individuals under trial to a significant extent. Additionally, long-term convicts and even civil prisoners are occasionally lodged temporarily in subsidiary jails while enroute to larger correctional facilities.
The foundations of the current system of law and order, encompassing civil and criminal justice as well as magistracy and policing, were initially laid in Coimbatore, much like in other districts, through was is commonly referred to as the "CORNWALLIS SYSTEM."
Originating in Bengal in 1793, this system was later extended to Madras in 1802. It involved the enactment of a series of regulations aimed at establishing a hierarchy of civil and criminal courts and delineating their respective powers.
The higher courts possessed both civil and criminal jurisdictions. The "Sadr Adalat" functioned as a Civil Court and was referred to as such, but when it operated as a Criminal Court, it was known as the Faujdari Adalat. Similarly, the Provincial Court acted as a Civil Court, while the Circuit Court served as a Criminal Court or Sessions Court.
The Zillah Court functioned as both a Civil and Magistrate Court, with the Zillah Judge serving as both a Civil Judge and a Magistrate. The magisterial powers previously held by the collector were transferred to the Zillah Judge, along with the powers of control over the police.
In several districts, the police system underwent recognition, replacing village watchmen with Darogas and Thanadaras.
However, this system did not apply to Madras City where a Crown Court known as the Supreme Court was established in 1801. Additionally, there were some justices of the peace, Apolgiar, and police peons, followed later by a superintendent of Police and his staff comprising Dafferdars, Harkavas, and Peons.
It wasn't until 1799 that the Coimbatore District came under the control of the Company and it wasn't until 1806 that the district received the benefits of a regular system of justice.
From 1799 to 1806, the Collector of Coimbatore administered both Civil and Criminal justice and controlled the police, with assistance from revenue subordinates.
However, in 1806, with the introduction of the Cornwallis Code in the district, these responsibilities were transferred from the Collector to the Zillah Court, established at Dharapuram. The jurisdiction of the Zillah Court extended not only over the Coimbatore District but also over the Dindigul Palayams of Ayakudi, IdaiyaKottai, Mambarai, Palani, Reddiambadi, and Virupakshi, as well as the Taluk of Karur, which was then included in the Coimbatore District.
The Zillah Judge came under the control of the Provincial and Circuit Court of the southern division, with its headquarters at Tiruchirapalli. In administering Civil justice, the Zillah Judge was assisted by a Kazi and Muffi, as well as a Pandit. The Zillah Judge followed Muslim and Hindu Law in all suits concerning succession, inheritance, marriage, caste, and religious usages and institutions.
Furthermore, the Zillah Judge was provided with a Government Pleader, while the parties involved in suits were allowed to employ licensed pleaders or vakils to argue their cases.
The Provincial Court, comprising three judges and convening at Tiruchirapalli, heard appeals from the Zillah Courts under its jurisdiction, as well as original suits referred to it by the SadarAdalat.
In 1811, the Zillah Court was relocated from Dharapuram to Coimbatore. Subsequently, from 1816-1817 onwards, District Munsiffs and Village Munsiffs were appointed in this district, as in others.
In 1816, the establishment of five District Munsiff Courts was ordered in the district, situated at Cheyur, Coimbatore, Dalayapatti, Karur, and Udumalpet.
Village Munsiffs, who also served as heads of the village, were empowered to adjudicate and finalize all suits concerning money or other personal property not exceeding Rs. 10 in value. Karnams assisted the village munsiffs by conducting and recording court proceedings and acting as assessors, although the ultimate responsibility for decisions rested solely with the Village Munsiffs.
In 1816, the jurisdiction of the Zillah Court in Coimbatore was expanded to match that of the Collector by transferring the Dindigul Palayams of Ayakudi, Idayakottai, Mambarai, Palani, Reddiambadi, and Virupakshi to the jurisdiction of the Zillah Court in Madurai.
In 1821, the Zillah Court in Coimbatore was abolished, and the district was placed under the jurisdiction of the Zillah Court in Salem.
In 1827, an auxiliary Zillah Court with increased powers was established in Coimbatore, presided over by an Assistant Judge. This court had territorial jurisdiction over the District Munsiffs Karur and Dalavaypatti.
In 1843, a significant change was implemented in the administration of justice. Both the Provincial Court and the Zillah Court were abolished, and a new Zillah Court was established in Coimbatore, presided over by a Judge styled as a Civil and Sessions Judge. Additionally, Bhavani and Karur, previously under the jurisdiction of the Zillah Court in Salem, were transferred to the new Zillah Court in Coimbatore, each station equipped with a Munsiff Court .
IN CRIMINAL JUSTICE SYSTEM
In 1806, with the introduction of the Cornwallis System in the district, the Zillah Judge assumed the role of the Zillah Magistrate, vested with the authority to adjudicate all petty criminal cases. Additionally, the Zillah Magistrate had the power to apply Muslim law, which was declared the criminal law of the state. Supporting the Zillah Magistrate were a Kazi and Mufi, serving as law officers to expound the Muslim law in court.
The Court of Circuit dispatched one of its Judges on the circuit, accompanied by a Kazi and a Muffi, to personally preside over session cases in Coimbatore and other districts within its jurisdiction.
In cases where a sentence of imprisonment for life or for a period not less than seven years was imposed, the court had the authority to order the prisoner's transfer beyond the sea. However, the Judge of the Circuit was limited to inflicting a maximum of 39 stripes and imprisonment with hard labour in irons for seven years. In 1816, a significant change occurred with the replacement of the Cornwallis System by the "Munro System."
In 1814, Mr Munro, appointed at the helm of the judicial commission, proposed transferring the magisterial powers and police control from the Zillah Judge to the Collector. Consequently, the role of the Zillah Magistrate of Coimbatore was shifted from the Zillah Judge to the Collector. Simultaneously, a Criminal Court was established in Coimbatore, presided over by the Zillah Judge, to which the magistrate was required to commit all cases not adjudicated by him before trial.
In 1827, a regulation was enacted for the gradual introduction of trial by jury into the criminal judicature. It was deemed unnecessary for either the Judge of Circuit or the Foujdari Adalat to seek a fatwa from their law officers regarding the guilt of the prisoner, as this was established by the verdict of the jury. Notably, only Hindus and Muslims were eligible to serve as jurors, and each juror received one rupee per day for expenses.
In 1843, the District witnessed the abolition of the Court of Circuit and the establishment of the new Zillah Court under the Civil and Session Judge, endowed with expanded powers. The Judge of the new Zillah Court was authorized to exercise all the powers previously held by the Judge of the old Court of Circuit. In 1863, the Nilgiris were removed from the jurisdiction of the Coimbatore District Court and placed under a separate Civil and Session Court established in Ootacamund.
In 1868, the Nilgiris were constituted into a separate district and placed under a judicial commissioner.
In 1873, the current structure of the Civil Courts was established with the enactment of the Madras Civil Courts Act 1873, while the Criminal Courts were reorganized in 1872 through the implementation of the Criminal Procedure Code 1872.
Under the Civil Courts Act 1873, various courts such as the District Court, Subordinate Judges Court, District Munsiff Court, and the Court of the Assistant Judge and "Sadr Amins" ceased to exist. However, Village Munsif Courts and Panchayat Courts continued to operate under regulations IV and V of 1816, as amended by Madras Act IV of 1883 and Act 1 of 1889.
The administration of civil justice now falls under the exclusive jurisdiction of the High Court. Village Munsiffs, since 1816, has exercised civil judicial powers in resolving simple disputes.
In 1883, under Madras Act IV of 1883, their powers were extended to include suits for personal property up to Rs. 20, with their decisions being final and not subject to appeal.
In 1956, the Coimbatore District held the top rank in the state in terms of litigation, followed by securing the second position in 1957.
Another crucial aspect related to civil justice is the matter of court fees As early as 1808, Regulation IV of 1808 was enacted, imposing stamp duty on various legal documents such as petitions, answers, replies, rejoinders, and supplemental pleadings filed in suits. Additionally, stamp duty was levied on appeals made to the Zillah, Provincial, or Sadr Court, as well as on miscellaneous petitions and applications treated as pleadings.
In Criminal Justice The High Court has consistently exercised original and appellate jurisdiction over the city of Madras, while its jurisdiction extends to the districts as well.
Upon the East India Company assumed control of Coimbatore in 1799, the area north of the Noyyal River, encompassing present-day taluks of Bhavani, Coimbatore, Erode, Kollegal, and Sathiyamangalam, along with part of Palladam, was placed under Captain (later Major) Macleod, the Collector of Salem. The remaining areas of Palladam, Dharapuram, Karur, Pollachi, and Udumalpet fell under Mr.Hurdis, the Collector of Dindigul. In 1801, Salem was separated from Coimbatore.
The Sessions Court in the Coimbatore District presided over by its judges, has always served as the higher court within its jurisdiction, which also includes the Nilgiris.
For an extended period, both the Zillah Judge and the District Judge held responsibility for overseeing the Zillah Jail. However, in 1855, a significant change occurred as all jails across the state, including those in Coimbatore, were placed under the supervision of an Inspector of Prisons.
In 1951, a significant change was introduced in the district, namely the separation of the judiciary from the executive. Under this scheme, the collector and their subordinates no longer possessed the authority to try criminal cases. However, they retained powers related to preserving public peace and maintaining law and order.
