JUDICIAL OFFICERS THE SULTANS OF DELHI AND THE

JUDICIAL OFFICERS

THE SULTANS OF DELHI AND THE MUGHALS SOUGHT FOR THEIR JUDICIAL SYSTEM MODELS FROM OUTSIDE INDIA---FROM ARABIA , SYRIA, PERSIA AND EGYPT AND EFFECTED NECESSARY CHANGES TO SUIT INDIAN ENVIRONMENT. THE HEAD OF THE STATE , THE SULTAN (EMPORER) WAS REGARDED AS THE FOUNDATION OF JUSTICE AND THE FINAL TRIBUNAL OF APPEAL. THE EMPEROR ADMINISTERED JUSTICE IN PERSON IN OPEN COURT AND DECIDED ALL TYPES OF CASES. HE WAS ASSISTED IN DISPENTION OF JUSTICE BY THE CHIEF SADR(SADR-US-SUDUR) RAGARDING CASES OF RELIGIOUS NATURE AND BY THE CHIEF QAZI(QAZI-UL-QUZUT) IN ALL THE OTHER CASES. BUT MORE OR LESS THE SADR AND THE QAZI REMAIN THE SAME PERSON.

THE CHIEF QAZI STOOD NEXT TO THE SULTAN OR THE EMPEROR IN THE JUDICIARYAND UNDER HIM THERE WERE QAZIS IN THE PROVINCIAL CAPITALS, IN THE HEADQUARTERS OF THE DISTRICTS AND PARGANAS AND ALL-IMPORTANT CITIES WITHIN THE EMPIRE AS IN BIG VILLAGES HAVING COSIDERABLE MUSLIM POLULATION AND LARGE ENOUGH TO BE CALLED QASBAS. THEY WERE APPOINTED BY THE EMPEROR ON THE RECOMMENDATIONS OF THE CHIEF QAZI. THEY CECIDED CASES FALLING WITHIN THEIR JURISDICTION , MORE PARTICULARLY , RELIGIOUS CASES MOSTLY DEALING WITH THE PERSONAL LAW OF THE MUSLIMS , SUCH AS CASES OF MARRIAGE, DIVORCE, INHERITANCE AND THE LIKE. SOMETIMES MUFTIS(PEOPLE WHO INHERITED ISLAMIC LAWS) WERE APPOINTED TO ASSIST THE QAZIS WERE ALSO ENTRUSTED WITH CARE OF ORPHANS, WIDOWS AND DESTITUTES.

THE CRIMINAL CASES WERE DECIDED BY THE EMPEROR , THE PROVINCIAL QAZI, THE GOVERNOR, THE FAUJDAR AND KOTWAL. PETTY CRIMINAL CASES RELATING TO THEFT OR ROITING IN THE PARGANA TOWN WERE ASSIGNED TO THE LOCAL KOTWAL. IN TIME THE WHOLE TIME QAZI WAS APPOINTED TO TRY CRIMINAL CASES WITHIN THE PARGANA. THE FAUJDAR ALSO POSSESSED SOME CRIMINAL JURISDICTION. HIS POWERS WERE ANALOGOUS TO THOSE OF MODERN MAGISTRATES.

THE COURTS OF THE GOVERNOR (QAZI-I-SARKAR) AND PROVINCIAL QAZI HAD ALSO ORIGINAL JURISDICTION IN ADDITION TO HEARING APPEALS AGAINST THE DECISIONS OF THE FAUJADAR AND KOTWAL.

THE THIED CATEGORY OF THE COURTS WERE THE REVENUE COURTS. THE AMILS IN THE PARGANAS, AMALGUZARS IN THE SARKARS AND THE PROVINCIAL AND THE CENTRAL DIWANS RESPECTIVELY DECIDED REVENUE CASES. THEIR SPECIAL KNOWLEDGE OF REVENUE AFFAIRS WAS THE SOLE CRITERIA FOR THEIR APPOINTMENT AS JUDGES IN REVENUE CASES. ADJUDICATION WAS NOT THE PRIME DUTY OF THSE OFFICERS. IN THE MEDIEVAL PERIOD THERE WAS NO WATERTIGHT COMPARTMENT OF THE EXECUTIVE AND THE JUDICIARY AND THEREFORE THESE EXECUTIVE OFFICERS ENGAGED IN THE DEPARTMENT OF FINANCE AND REVENUE WERE ASSIGNED JUDICIAL FUNCTIONS RELATIVE TO THEIR OFFICIAL DUTIES.

BESIDES THEIR WERE LARGE VILLAGE AND CASTE OR GUILD PANCHAYATS , WHICH DECIDED ALL KINDS OF CASES----RELIGIOUS, CIVIL AND CRIMINAL FILED BY THE HINDUS IN THEIR RESPECTIVE VILLAGES. THESES CASES WERE DECIDED ACCORDING TO CUSTOMERY HINDU LAW AND USAGE AND THE DECISIONS OF THE PANCHAYATS WERE RECOGNIZED BY THE STATE. IN FACT THE PANCHAYATS WORKED SUCCESSFULLY DURING THE MEDIEVAL PERIOD. THOUGH THERE WERE DIFFERENT TYPES OF COURTS, THE AREA OF THEIR JURISDICTION AND THEIR RELATIONS WITH EACH OTHER WERE NEITHER CLEAR NOR DEFINITE.