Right then, through the muted patter of a monsoon shower, Neel's ears caught the faint echo of a vendor's voice, hawking sweet-meats somewhere in the distance: Joynagorer moa... At the sound of that faraway call, his mouth filled with the remembered taste of a crisp, smoky sweetness as the judge went on to observe that since it was said, and rightly, that a parent who failed to chasten a child was thereby guilty of shirking the responsibilities of guardianship, then might it not also be said, in the same spirit, that in the affairs of men, there was a similar obligation, imposed by the Almighty himself, on those whom he had chosen to burden with the welfare of such races as were still in the infancy of civilization? Could it not equally be said that the nations that had been appointed to this divine mission would be guilty of neglecting their sacred trust, were they to be insufficiently rigorous in the chastisement of such peoples as were incapable of the proper conduct of their own affairs?
'The temptation that afflicts those who bear the burden of governance,' said the judge, 'is ever that of indulgence, the power of paternal feeling being such as to make every parent partake of the suffering of his wards and offspring. Yet, painful as it is, duty requires us sometimes to set aside our natural affections in the proper dispensation of justice…'
From his place in the dock, all that Neel could see of Mr Justice Kendalbushe was the top half of his face, which was, of course, framed by a heavy white wig. He noticed that every time the judge shook his head, for emphasis, a little cloud of dust seemed to rise from the powdered curls, to hang suspended above like a halo. Neel knew something of the significance of haloes, having seen a few reproductions of Italian paintings, and it occurred to him to wonder, momentarily, whether the effect was intentional or not. But these speculations were cut short by the sound of his own name.
'Neel Rattan Halder,' rasped the judge's voice. 'It has been established beyond a doubt that you repeatedly forged the signature of one of this city's most respectable merchants, Mr Benjamin Brightwell Burnham, with the intention of wilfully defrauding a great number of your own dependants, friends and associates, people who had honoured you with their trust because of their regard for your family and because of the blameless reputation of your father, the late Raja Ram Rattan Halder of Raskhali, of whom it could well be said that the only reproach ever to attach to his name is that of having fathered as infamous a criminal as yourself. I ask you, Neel Rattan Halder, to reflect that if an offence such as yours merits punishment in an ordinary man, then how much more loudly does it call for reproof when the person who commits it is one in affluent circumstances, a man in the first rank of native society, whose sole intention is to increase his wealth at the expense of his fellows? How is society to judge a forger who is also a man of education, enjoying all the comforts that affluence can bestow, whose property is so extensive as to exalt him greatly above his compatriots, who is considered a superior being, almost a deity, among his own kind? How dark an aspect does the conduct of such a man assume when for the sake of some petty increase to his coffers, he commits a crime that may bring ruin to his own kinsmen, dependants and inferiors? Would it not be the duty of this court to deal with such a man in exemplary fashion, not just in strict observance of the law, but also to discharge that sacred trust that charges us to instruct the natives of this land in the laws and usages that govern the conduct of civilized nations?'
As the voice droned on, it seemed to Neel that the judge's words too were turning into dust so that they could join the white cloud that was circling above the wig. Neel's schooling in English had been at once so thorough and so heavily weighted towards the study of texts that he found it easier, even now, to follow the spoken language by converting it into script, in his head. One of the effects of this operation was that it also robbed the language of its immediacy, rendering its words comfortingly abstract, as distant from his own circumstances as were the waves of Windermere and the cobblestones of Canterbury. So it seemed to him now, as the words came pouring from the judge's mouth, that he was listening to the sound of pebbles tinkling in some faraway well.
'Neel Rattan Halder,' said the judge, brandishing a sheaf of papers, 'it appears that despite the waywardness and depravity of your nature, you do not lack for adherents and supporters, for this court has received several petitions in your favour, some of them signed by the most respectable natives and even by a few Englishmen. This court is also in receipt of an opinion, offered by pandits and munshis who are learned in the laws of your religion: they hold that it is not lawful to punish a man of your caste and station as others are punished. In addition, the jury has taken the extraordinary and unusual step of commending you to the merciful consideration of the court.'
With a gesture of dismissal the judge allowed the papers to slip from his hand. 'Let it be noted that there is nothing this court values more than a recommendation from a jury, for they understand the habits of the people and may be aware of mitigating circumstances that have escaped the attention of the judge. You may be assured that I have subjected every submission placed before me to the most serious scrutiny, in the hope of discovering therein some reasonable grounds for diverting from the straight path of justice. I confess to you that my efforts have been in vain: in none of these petitions, commendations and opinions, have I been able to discover any grounds whatsoever for mitigation. Consider, Neel Rattan Halder, the view, offered by the learned pandits of your religion, that a man of your station ought to be exempted from certain forms of punishment because these penalties might also be visited on your innocent wife and child by causing them to lose caste. I freely acknowledge the necessity of accommodating the law to the religious uses of the natives, so far as it can be done in a manner consistent with justice. But we see no merit whatsoever in the contention that men of high caste should suffer a less severe punishment than any other person; such a principle has never been recognized nor ever will be recognized in English law, the very foundation of which lies in the belief that all are equal who appear before it…'
There was something about this that seemed so absurd to Neel that he had to drop his head for fear of betraying a smile: for if his presence in the dock proved anything at all, it was surely the opposite of the principle of equality so forcefully enunciated by the judge? In the course of his trial it had become almost laughably obvious to Neel that in this system of justice it was the English themselves – Mr Burnham and his ilk – who were exempt from the law as it applied to others: it was they who had become the world's new Brahmins.
But now there was a sudden deepening in the hush of the court, and Neel raised his eyes to find the judge glaring directly at him again: 'Neel Rattan Halder, the petition submitted in your favour implores us to mitigate your sentence on the grounds that you have been a person of wealth, that your young and innocent family will lose caste and be shunned and ostracized by their kinsmen. As to the latter, I have too great a regard for the native character to believe that your kin would be guided by so erroneous a principle, but in any event, this consideration cannot be permitted to have a bearing on our reading of the law. As to your wealth and your position in society, in our view these serve only to aggravate your offence in our eyes. In pronouncing your sentence I have a stark choice: I can choose either to let the law take its course without partiality, or I can choose to establish, as a legal principle, that there exists in India a set of persons who are entitled to commit crimes without punishment.'