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HIGH COURT OF JUDICATURE AT ALLAHABAD

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History of the High Court at Allahabad during the Chief Justiceship of Sir Walter Morgan

(1866-1871)

By SIR ARCHIBALD HENRY BENEDICT LINTHWAITE BRAUND

Ex-Judge, Allahabad High Court

The Letters Patent of the High Court of Judicature of the North-Western Provinces

(17th March 1866)

By the High Courts Act, 1861, provision was made, not only for the replacement of the Supreme Courts of Calcutta, Madras, and Bombay and for the establishment of High Courts in their places but for the establishment of High Court by Letters Patent in any other part of Her Majesty’s territories not already included in the jurisdiction of another High Court.

The Calcutta High Court itself was established, in the place of the Supreme court, by Letters Patent of the 14th May 1862. Four years later the High Court of Judicature for the North-Western Provinces came into existence under Letters Patent of the 17th March 1866, replacing the old Sudder Diwanny Adawlat.¹ These Letters Patent as subsequently amended, are the Charter of the present High Court of Judicature at Allahabad.

The first Chief Justice and Judges Of the New High Court

The first Chief Justice and judges of the new High Court of the North-Western provinces were named in its Letters Patent. They were-Sir Walter Morgan, Barrister-at-Law, Chief Justice; Alexander Ross, Bengal Civil Service; William Roberts, Bengal Civil Service; Francis Boyle Pearson, Bengal Civil Service; and Charles Arthur Turner, barrister-at-Law, judges.

Of these, the four Bengal Civil Service Judges were the four judges of the existing Sudder Diwanny Adawlat of the North-Western Provinces. Robert Sapnkie acted as an officiating judge from the beginning, until he was made a permanent judge of the High Court in 1867, in the place of Mr. Justice Edwards.

Sir, Walter Morgan

Sir Walter Morgan was born in the year 1821 and was, therefore, forty-five when he became the first Chief Justice of the court. He was the son of Walter Morgan and was educated at King’s College, London. He was called to the Bar by the Middle Temple on the 18th of November 1841: for some years he practiced as a conveyancer and “equity draughtsman.

” He also went to the South Wales Circuit and attended the Glamorganshire Sessions. On the 2nd July 1852, he was admitted to the Bar of the Supreme Court in Calcutta and in 1854 was appointed clerk of the Legislative council of India. He served in that capacity until 1859 when be became a master in equity to the Supreme Court in Calcutta. In 1861 he published with Mr. A. G.

Macpherson,2 a book on the Indian Penal Code with Notes. In 1862 Sir Walter Morgan was appointed one of the first Puisne Judges of the new Calcutta High Court, and, in due course, became the first Chief Justice of the North-Western Provinces, as mentioned above, by appointment under the Letters Patent of 1866. He remained Chief Justice of the North-Western provinces until November 1871, when he was translated to Madras as Chief Justice of that Court, finally retiring from Madras in 1879.

In 1849 Sir Walter Morgan married Ada Maria, The daughter of Mr. D. Harris. She died in 1884. There is, however, no trace of her having been in Allahabad, while Sir Walter Morgan was Chief Justice. Sir Walter Morgan died in London on the 28th of October 1906, at the age of 85. He had one son, also Walter Morgan, who became Deputy Registrar of the appellate side of the Madras High court in 1892.

Mr. Justice Turner

Mr. Justice Turner was the first barrister judge appointed to the new High Court direct from England. He was the son of the Revd. John Fisher Turner and was born at Exeter on the 6th March 1833. He was educated at Exeter Grammar School and at Exeter College, Oxford, of which he became a fellow in 1855. He was called to the Bar by Lincoln’s Inn in 1858.

He was, therefore, of only eight years standing at the Bar when appointed to the High Court and was only thirty-three years of age. He remained a Judge of this High Court for over twelve years, until in January 1879 he succeeded his old Chief Justice, Sir Walter Morgan, as Chief Justice of Madras. The new High Court of North-Western Provinces thus had the distinction of providing two successive Chief Justices of Madras from its original bench within the first thirteen years of its existence.

It is evident from the files of the Pioneer that Mr. Justice Turner, being much the youngest of the Judges, took a leading part in the activities of Allahabad outside the Court and, before ceasing to be Chief Justice of Madras in 1885, he had in 1880 become Vice-Chancellor of Madras University.

Sir Charles Turner was in 1879, the year he left the Allahabad High Court, a member of the Indian Law Commission and in 1886 he was a member, with Sir Charles Aitchison, of the Public Service Commission appointed to examine the conditions under which Indians should be admitted to the higher posts of the public service. In 1888 he became a member of the Council of India and retained that office until 1898. He lived in London at No. 62, Ennismore Gardens until he died on the 20th of October, 1907 at the age of 74. He was awarded a C. I. E. in January 1878 and a K. C. I. E. in 1879 on becoming Chief Justice of Madras.

Supersession of the Sudder Diwanny Adawlat By the High Court on the 11th June, 1866

The actual first appointments of the Chief Justice and Judges of the new High Court dated from the 13the June 1866, on which day the old Sudder Diwanny Adawlat came to an end. Though in 1857-58, Lord Canning, at the time of the Indian mutiny, had assumed the government of the North-Western Provinces at Allahabad, where it remained until its moves to Lucknow, The Sudder Diwani Adawlat still sat in 1866 at the old capital at Agra.

Though the Suder Diwanny Adawlat ceased to exist and the High Court formally replaced it on the 13th June 1866, it was not for another three years that the transfer of the new High Court to Allahabad was complete. It is a great pity that the first volume of the new Law Reports of the High Court does not contain any reference to the inauguration of the Court.

And there are unfortunately no records in the archives of the High Court of the actual transition, except a copy of an official memorial by the Sudder Judges of their thanks presented to the ‘Register’ (Registrar), Mr. J. Simson, of the Bengal Civil Service, on the 7th June 1866, “a few days” before the old Court ceased to exist. This was, no doubt, a well-earned testimonial since much of the organization of the change over must have fallen on the ‘Register’s’ shoulders.

Court First established at Agra

Mr. Simson became the first “Registrar” of the High Court and so remained until he went on leave to Europe in March 1867. Meanwhile, the Court remained at Agra. Its last reported case was a special appeal (Mashook Aley Khan and others V. Now.

Decisions, S. D. A. N. W. P. January to May 1866, p. 159) decided by Mr. W. Roberts* and F.B. Pearson* on the 31st May 1866. The first reported case of the new High Court, decided by Mr. Justice Pearson and Mr. Justice Spankie, was heard on the 18th June 1866. Both were uninteresting. The principal difficulty in the way of the transfer to Allahabad was, it seems, the housing of the new High Court, and its Judges.³

By the Indian High Courts Act passed by British Parliament in 1861, provision was made, not only for the replacement of the Supreme Courts of Calcutta, Madras and Bombay and for the establishment of High Courts in their places, but for the establishment of a High Court by Letters Patent in any other part of Her Majesty’s territories not already included in the jurisdiction of another High Court. In the year 1866, the High Court of Judicature for the North-Western Provinces came into existence at Agra under Letters Patent of the 17th March, 1866, replacing the old Sudder Diwani Adalat.

Sir Walter Morgan, Barrister-at-Law and Mr. Simpson were appointed the first Chief Justice and the first Registrar respectively of High Court of North-Western Provinces.

The seat of the High Court for the North-Western Provinces was shifted from Agra to Allahabad in 1869 and its designation was altered to ‘the High Court of Judicature at Allahabad’ by a supplementary Letters patent issued on March 11, 1919.

The Oudh Chief Court at Lucknow, replacing the Oudh Judicial Commissioner’s Court, was established on November 2, 2021 not by Letters Patent but by the Oudh Civil Courts Act, IV of 1925, enacted by the U.P. Legislature with the previous sanction of the Governor-General to the passing of this Act, as required by the Government of India Act, 1919s. 80-A (3).

By the U.P. High Court Amalgamation Order, 1948, the Chief Court of Oudh was amalgamated with the High Court of Allahabad and the new High Court has conferred the jurisdiction of both the Courts so amalgamated. By the Amalgamation Order, the jurisdiction of the Court under the Letters Patent and that of the Chief Court under the Oudh Courts Act was preserved.

In July, 1949 the States Merger (Governor’s Provinces) order was passed which was amended in November the States Merger (United Provinces) Order, 1949 whereby the powers of the Government of some Indian States specified in the Schedule, which had vested in the Dominion Government were transferred to the adjoining Governors’ Provinces. In Schedule VII, Rampur, Benaras and Tehri Garhwal were the States specified, and by section 3 the said states were to be administered in all respects as if they formed part of the absorbing province.

On the eve of the Republic Day celebrations on the 26th January, 1950 the date of commencement of the Constitution of India, the High Court of Judicature at Allahabad came to have jurisdiction throughout the entire length and breadth of the State of Uttar Pradesh.

By the Uttar Pradesh Reorganisation Act, 2000, State of Uttaranchal and Uttaranchal High Court came into existence from the midnight intervening 8 and 9 November, 2000 and in view of section 35 of the Act, High Court at Allahabad ceased to have jurisdiction of 13 districts falling within the territory of State of Uttaranchal.

At present, the sanctioned strength of Judges of the High Court of Judicature at Allahabad is 160.

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