Coll 30/9 'Persian Gulf: Administration Reports 1926-1938' [‎464v] (933/1028)

himself being one of the worst offenders. Burglaries were on the increase,
women were insulted in the streets in broad daylight, an offiicial of the de
partment was involved in an unsavoury affray connected with a prostitute;
in some cases accused persons whilst under enquiry had escaped from Police
custody. On the 9th September Yawar Mustafa Khan, Alburz (formerly
chief of Nazmieh in Khuzistan) arrived from Tehran and relieved Yawar
Sayyed Nasir Khan. Alburz is young and energetic and has a strong sense
of discipline. During the short time he has been here he has effected great
improvements in the discipline and organization of the Police Force. He
is on quite good terms with the Consulate but he appears to be an invete
rate intriguer with a keen eye to a bribe.
Justice .—The reorganized Adlieh Courts were opened on the 4th Janu
ary, and Mirza Abdul Rahim Khan, Rahanama, the former Rais-i-Adlieh,
left for Tehran on the 22 nd January. He was succeeded by Seyyid Abdul
Azim, Shahidi, an Akhund who, though formally friendly, takes no part
in local social life.
Throughout the year the Istinaff (Appeal) Court has been without a
Public Prosecutor (except for a period of 3 weeks in November) and one of
its “Uzvs” (Judges). It has not therefore been possible to try any Janayat
(grave criminal) cases and some accused persons have now been in custody
over two years awaiting trial.
At the beginning of the Persian Year (21st March) the Sulhieh (Civil)
Courts in the various districts of Kerman were abolished. They were how
ever gradually re-opened later and there are now Sulhieh Courts in exis
tence at Bam, Sirjan and Rafsinjan.
In October the powers of the Sulhieh Court were raised from 400 to
500 Tumans. Most of the claims of the British Indian traders fall within
this new limit and they complain of the inordinate delay in the settlement
of their cases as well as biased judgments.
Experience has shown that the effect of the compulsory ' Arbitration
Law is to impede rather than facilitate justice. Almost all claims brought
by Hindus or Carpet Firms are based on documents or written contracts
and the default of the defendants especially in carpet cases, where hun
dreds of similar contracts have been duly carried out by others, is merely
always due to dishonesty or laziness. Such cases are not, properly speak
ing, cases in which arbitration is required at all. Yet under the Law the
c efendant can insist on arbitration and two out of thb three arbitrators
must be Persians. The Persian conception of arbitration is, not to decide
w at is Just, but to effect a compromise by extending the most ludicrous
eniency to the defendant, and brow-beating the plaintiff into accepting
an insignificant portion of his just dues under threat of getting nothing.
A ™ or > ths ex Perience of this law has therefore convinced British sub-
.lects tnat it is better to cut their losses than to resort to the Adlieh Courts.
v ff As /egards procrastination the reformed Adlieh Department is little
y , er an t le old department, and corruption still exists in a restricted
ful chi , e l 0f the Bidayat Court, has been very help
ing in thf* r F ° C ^ ms British and British-protected persons pend-
advice. ^ C 1 ° f ^ Governor - General > who relies on him for technical
Mu’arif^ DemTrtm^ 1 / 23, /^ ai f an Khan » Jaudat, remained in charge of the
expected foTlnttnT^Tf’ Whe \ he Was recalled to T ^ran. He
of Persian School 1 ^ aghdad 1 to £P en created offifee of Director
at the end of tho vpnr 801 ^ at scheme however fell through, and
absence Mirz, AhH^L 6 Wa T l ol ; hls wa 7 b ^k to Kerman. During his
the affairs of 'the „! nm l ra ^ llmi . an assistant, held acting charge, and
tne attairs of the department remained more or less at a standstill.