Coll 28/39(2) ‘Persia. Printed Correspondence, 1937–’ [‎154r] (307/320)

4. On 19th May, Barkat All booked a passage on the Fast Mail Steamer
s. s. “ Varsova ” to Karachi. The “ Varsova " called at Abadan on tne
same day and, hearing that Barkat Ali was on board, Yusuf Ali went lo
demand payment of his dues. Barkat Ali refused to discharge his debts and
told Yusuf Ah that as he was now on his way to India he would never recover
them. This so incensed Yusuf Ali that he went to the local Court and after
showing his receipts, induced them to apply for the surrender of Barkat Aii.
The Court requested the Naval Authorities to effect the arrest of Barkat An
and a naval oiiicer went on board the “ Varsova ” and demanded his surrender,
verbally, from the Master. The latter refused to comply with this order
until the naval officer said that the ship would not be allowed to sail, on which
the Master asked for a written demand for Barkat Ali. The Naval Officer
later produced a letter signed by Major Naghdi, a copy of which is attached,
also a translation, and a letter from the Master reporting the incident to me.
No Court Order or document with the Court Seal on it was shown to the
Master. Barkat Ali was removed in custody and the “ Varsova ” sailed.
5. Barkat Ali, on arrival in Abadan, was released on bail by the police,
the bail being produced by YMsuf Ali, his accuser. The Abadan police are
justifiably puzzled at this action of Y T usuf Ali’s.
6. The case between Yusuf Ali and Barkat Ali is presumably a civic one,
to be decided in Court, but, as stated in my telegram, I am not clear whether the
local Court and the Naval Authorities were justified in removing a British
subject by force from, a British ship, even though that ship was tied up to the jetty
in Abadan and therefore presumably within the jurisdiction of the local Court,
when the charge against him was only one of debt and not a criminal charge.
Even if this was legal, the procedure seems irregular as the surrender was
demanded on the production of an ordinary letter from a Naval Officer and
not on an official document from the Local Court.
7. I am sending copy of this to His Majesty’s Minister, Tehran (No. 26),
and the lion Tie the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , Bushire (No. 425).
Sub-Enclosure I to Serial No. (31).
P. Z.-3888|40.
Copy.
Irom S. S. “ Varsova ”, Voyage, to H. B. M.’s Vice-Consul, Khorramshahr,
No. 395, dated the 19th May 1940.
1 to advise that whilst my vessel was alongside jetty at Abadan to-
chiy, the Iranian Naval Authorities removed from the ship Mirza Barkat Ali
, 1 ?} a< ^ .British Indian subject who was a passenger on this ship from Busreh
o Karachi. I understand that his removal has been made on an order from
the Jraman Court of Justice and the Authorities had threatened to detain my
ship until the man in question is handed over.
Sub Enclosure (2) to Serial No. (31).
Copy.
Urgent.
Letter from Ministry of War Southern Naval Force, to the Master,
L. S. Varsova , at Abadan, dated 29-2-19 (18-5-40).
Ar ^. s H 01, re( l ues t °f Abadan Court an Indian passenger bv name of Barkat
Al, who is proceeding to India by the s. s. “ Varsova ’’ has a casHf robbery
and must be handed over to the Court. roooerj
, A® request you therefore to remove the said man from the steamer and
hand him over to the representative of this force.
(32)
From British Legation, Tehran, No. 110l(218|ll|40)
1940.
DATED THE ?TH SEPTEMBER
Tehran despatch No. 21, to Min. of Inf., dated 7th September 1940.