Coll 30/36 'Bahrain: claim of Yusuf Lutfali Khunji a Persian subject against Shaikh Hamad in respect of an ice factory' [‎168v] (336/340)

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v
f 7
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P. 5040/20.
i
P. 5668/27. Pol.
Res. Desp. to
G. of I., No. 295 S
of 1 Sept. 1927,
para. 28.
i~
(b) Civil.
Article 45.—(1) When a Bahrein subject desires to bring a suit
against a person 1,0 whom this Order applies, or a person to whom this
Order applies desires to bring a suit against a Bahrein subject, the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall admit the complaint, and
(a) with the concurrence of the Sheikh of Bahrein, may hear and
determine the suit in his District Court, or
(b) may hear and determine it in a Joint Court, or
(c) may refer it to the Majlis-el-Urf for decision, or
(d) in cases between pearling-masters and divers, may refer it to
the Salifah Court, or
(e) with the consent of the several parties, may refer the case to
one or more Arbitrators for settlement.
(2) The judgment of the Joint Court or of the Majlis-el-Urf shall for
all purposes be considered the same as if it were that of the District
Court.
(3) An appeal from the decision of the Salifah Court shall lie to the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. acting in concert with the Sheikh of Bahrein, and in all
Salifah cases their joint decision shall be final.
(4) The award of the Arbitrator under Sub-Article 1 (e) shall be
final, and shall not be open to appeal unless the same shall within a
reasonable time have been ordered by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. to be set aside
on the ground that it is not final or is defective, or that the Arbitrator
has exceeded his authority, or has been guilty of misconduct in the
matter.
(5) Nothing herein mentioned shall prevent the District Court, the
Joint Court, the Majlis-el-Urf, the Salifah Court, or the Arbitrator from
referring any matter in the progress of a suit which involves a point of
Mahommedan law to a Kazi for decision, or from sending any party or
witness, being a Mahommedan, to a Kazi for the administration of
an oath.”
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11 . At no subsequent stage does the Sheikh appear to have shown any
signs of going back on his delegation of responsibility in respect of
foreigners other than the subjects of States in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , to His
Majesty’s Government, Difficulties, however, arose in the post-war period
in connection with his claim to exercise jurisdiction over Nejdis and
inhabitants of El Katr. In 1920 protests were received from Ibn Sand as to
the exercise of jurisdiction by the Sheikh over Nejdi subjects. A similar
protest appears to have be'en made at about the same time by the Sheikh of
Qatr, both parties requesting the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. to exercise jurisdiction on
their behalf. The Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in consequence issued on 20th November
1920 a notice that all foreign subjects, including Persians and subjects of
Arab Rulers and Chiefs other than those of Bahrein, were, while in Bahrein,
entitled to British protection. The decision was not well received by the
Sheikh ; but it has not been contested by him, and since 1920 jurisdiction
over all foreign subjects has rested with the British Political authorities
within the limits of the Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of 1913 and 1922, as subsequently
amended.
J. G. L.
India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. ,
3rd March 1930.
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