The case from 1720 that CJI D Y Chandrachud highlighted to underscore the importance of following the rule of law

MUMBAI: Rama Komathi , during pre-Independence India, was a wealthy and influential resident of Bombay as it then was, known also for his philanthropy and public spiritedness. Till one fine day in 1720, he stood convicted based on "fabricated evidence" for allegedly conspiring with a naval pirate. His case stands as one of the earliest Notable Trials in the annals of law, during the British regime in India.

The trial is ‘notable’ not for its fairness but the contrary, as Chief Justice of India Chandrachud highlighted on Monday at an event in New Delhi.

Rama Kamath, was better known as Rama Komathi. Some write his name as Kamati.

His ties were said to be close with the erstwhile East India Company. He was known to be the only Indian from Bombay to get an invite to the inauguration of the Cathedral of St. Thomas.

In his later years, however, he was charged as an alleged traitor and an allegedly dangerous conspirator; and stood trial before a tribunal of the Company. He was charged with being in secret correspondence with Kanhoji Angre. Letters alleged to have been addressed by Rama to Kanhoji were intercepted and seized. The charge was that he had allegedly conspired to seize the then Governor of Bombay and deliver him to Kanhoji who was considered a “menace to the security of Bombay.’’

The only evidence against Kamati was “hearsay evidence'' of a girl that he conspired with Angre. Hearsay evidence is not good or admissible evidence. The other evidence was a statement of his ‘servant’ who was allegedly “tortured’’. Based on it he was sentenced to life imprisonment, his large warehouse in the Fort area was allegedly demolished, his properties seized and “auctioned”. He died eight years later in prison. It was later "conclusively proved outside court'' that the letters were fabricated and the case against Kamati was false, said the CJI Chandrachud.

The then Governor Charles Boone presided over the Tribunal, wrote the two lawyers. The legal principle of no man can be a judge in his own case, was given a go by said lawyers.

“This case was tried in what might be called a process far removed from the modern notion of rule of law-- where equality under law and principles of natural justice and fairness form the backbone of justice ,’’ says solicitor Dhaval Mehta, of DM Legal Associates who in 2021 had posted on social media an article from another website in 2009 by a Chennai based lawyer Prakash Yedhula on the Kamati case.

The first Earl of Chatham William Pitt, and Prime Minister of Great Britain in 1766-678 is attributed to have famously said , “…the end of law is the beginning of tyranny," to stress on the importance of rule of law . Kamati’s misfortune was that he was tried when the modern legal systems were in their infancy and he, a sacrificial lamb of sorts, was caught in public miscarriage of justice.

Mehta said the case offers crucial judicial lessons. It underscores the importance of ensuring due process, impartiality, and reliable and admissible evidence in trials to ensure justice itself is not sacrificed. “The historical case serves as a reminder of the necessity for robust legal safeguards to protect individual rights and maintain the integrity of the judicial system,’’ he said on Tuesday.