Lets Kill Gandhi

by Gandhi, Tushar A.

  On the first day, the court worked for only two hours, from 10 am till noon. The accused were brought into the barracks, housing the courtroom, at 9 am and brought into the courtroom at 9.50 am, ten minutes before the proceedings began. None of the accused was manacled or handcuffed. Nathuram was the first to enter the dock. Nathuram, wearing a pyjama and long sleeved shirt, occupied a spot in the centre of the bench in the first row. Apte and Karkare sat on either side of him on the front bench; Karkare was dressed in a silk shirt and dhoti. Apte and Gopal Godse were dressed like Nathuram. Savarkar, Kistayya and Parchure were wearing black topis, a traditional Maharashtrian Brahmin headgear, also a part of the Hindu Mahasabha, RSS uniform. Badge, Gopal Godse and Madanlal Pahwa entered next and occupied the bench in the second row. The bench in the last row was occupied by Kistayya, Savarkar and Parchure; it was a coincidence, but all those occupying the last bench on the first day of the trial would be acquitted.

  Bhopatkar informed the court that Savarkar was frail and keeping indifferent health and so requested that a comfortable, cushioned, chair be provided for his client. The court immediately ordered one to be brought in. Savarkar sat on this chair, outside the dock, for the duration of the case. This also effectively separated him from the other accused. The strategy for Savarkar's defence, employed by Bhopatkar, was to separate him from the other accused and use every ploy to strengthen his argument that Savarkar was not involved in the murder or the conspiracy in any manner.

  After the photo session, the counsel for the prosecution, Daftary, read out the chargesheet the police had filed against all the accused. The charges were murder, attempt to murder, conspiracy to murder, assisting in murder, possessing illegal weapons and possessing and transporting explosives, etc. Next the court asked the accused if adequate arrangements had been made for their defence. The accused were offered government assistance if they desired. Godse and six of the accused informed the court that they would arrange for their defence with the help of Bhopatkar. Madanlal and Badge informed the court that they would not be requiring the services of a lawyer. Initially, Kistayya had requested the government to arrange for his defence. But after hesitating and dithering for some time he also informed the court that he would arrange for his defence through Bhopatkar, but he would change his mind once again.

  Apart from Savarkar and Nathuram, all the others were seen smiling and joking with one another. A pensive Savarkar intently listened to the proceedings. Nathuram did not interact with any of the accused. Senior journalist Dr. Krushnalal Shridharani, who was present in court that day, described the two thus: 'Nathuram Godse is the main protagonist in this drama. He is thin and bears a very intense and serious demeanour. He was wearing a dhoti and kurta. He looked fresh and clean, because he had availed of a shave and haircut the previous day. His chin is a reflection of his firm resolve and his nose is as sharp as a hawk's beak. There are dark circles under his small and beady eyes due to the prolonged incarceration. He spoke lucidly and his tone and behaviour did not reflect any regret or remorse. The second actor in this sordid drama was old Savarkar. He is so old and infirm that he had to be brought into court on an armchair. [This description varies from the court diary of another Hindi reporter whose daily record of the happening in the court was later published by Gyanmandal Limited of Benaras titled Gandhi Hatyakand, Gandhi Murder Conspiracy]. This was very astonishing. This brave patriot had accomplished many valorous deeds; at one time he was revered in every home. Today he stands in the dock amongst the accused, prosecuted by the first Government of Independent India. People plumge to such depths from dizzying heights in the course of their lives. Savarkar looked astonished'.

  A situation developed in court with regards to the languages spoken and understood by the accused. Badge and Karkare informed the court that they could speak and understand only Marathi. Kistayya said that he spoke and understood only Telugu. Bhopatkar translated the court's questions into Marathi, while a Telugu speaking press reporter translated for Kistayya.

  After the reading of the charge sheet, Bhopatkar, counsel for Savarkar, told the court that according to the warrant proceedings of Section 21 of the Penal Code, initially on the basis of primary investigations, the charges should be proven and the matter should be entrusted to a circuit court, and only then would the proceedings begin. The judge informed him that, according to the provisions in Chapter 23 of the Penal Code, the trial was being conducted after the promulgation of a special law. Bhopatkar asked the court to suspend the hearing for two months, to allow the defence time for preparation. Judge Atmacharan denied the request but agreed to suspend hearings till 14 June.

  THE SECOND HEARING, 3 JUNE

  On the second day, the court functioned only for an hour and a few minutes. It enquired about the facilities provided to the accused and the arrangements for their defence and decided that the daily proceedings would commence from 22 June. Madanlal and Karkare, who were full of life and mirth, were today appearing worried and downcast. Nathuram, who had remained stoic and serious on the first day, was today relatively cheerful. The day's proceedings were initiated by Nathuram. Speaking in fluent English he complained that they were being treated like 'C' Class prisoners. He alleged that they were not given water for washing for two to three days despite repeated requests. But he admitted that he was expecting, and was prepared for, much harsher treatment and displayed surprise at the civility shown to them. Reiterating that he did not wish to ask for favours, he demanded that those facilities which were guaranteed to prisoners under jail rules should be provided to them. Except for Badge all the other accused supported Nathuram's demand. This was a very loud and clear signal to all in the courtroom that Badge had struck a deal and was cooperating with the police and court. Speculation was rife that some of the accused were confessing to save themselves; Gopal Godse and Parchure were branded as the most likely 'stool pigeons', the other weak link was thought to be Madanlal Pahwa.

  Responding to the request for better facilities by the accused, Pettigara, a member of the prosecution counsel, informed the court that they had no objections to the demands made by the accused. They only requested the court to ensure that the accused were not permitted to meet or confer with anyone or with each other, and not be allowed to receive outside food to prevent them from being poisoned. They were also not allowed to shave and were to use the services of the prison barber.

  Nathuram inquired from the court whether they were under police custody or judicial custody. The court passed an order that henceforth they were to be treated as 'B' class or special class prisoners, and receive all facilities entitled. Apte complained that the police had confiscated some money and personal items from them at the time of their arrests and he requested that it be handed back to him. The court asked him to put in a written application to the jail superintendent. The court allowed the accused to wear their own clothes, get additional food items prepared in the prison according to their tastes and allowed them to receive letters, order newspapers, books and magazines. Bhopatkar requested the court to allow the defence advocates to freely meet the accused in jail. The court declared that a summary of the statements of 150 witnesses of the prosecution had been given to the defence. Pettigara informed the court that the defence would call upon five or six more witnesses; a summary of their statements would be given to the defence at an appropriate time. Pettigara requested the court to write to the presidency magistrate of Bombay, to send a Marathi and a Telugu translator to serve the court. He also requested the court to procure certain witness statements and investigation records from Bombay and Gwalior. It was also decided that the court's proceedings would be conducted and recorded in English. The statements of the witnesses would be written in the language spoken by the witnesses, despite the provision under the Special Courts Act which allowed for only a summery of the statement being recorded.

  Judge Atmacharan asked Bhopatkar to submit a list of the defence lawyers. Bhopatkar asked for a week's time but Atmacharan responded that u
nder the provisions of the law he would not provide any extension. However, he added that he would consider the plea to begin court's proceedings from 21 June instead of 14 June. Pettigara informed the court that, since Mountbatten was leaving India on 21 June 1948, the police were likely to be busy with his security arrangements. The date for the hearing was then scheduled for 22 June 1948.

  On the first day of the trial, Madanlal had refused the services of a lawyer, but he now wanted Bhopatkar to fight his case. Kistayya, too, wanted the court to appoint a competent lawyer to defend him.

  HEARING ON 14 JUNE

  The final hearing for the preliminary proceedings took place on 14 June 1948 and lasted for barely thirty minutes. Bhopatkar submitted the final list of defence lawyers and assured the court that all of them would be present on 22 June. He added that Barrister Oak would appear for Nathuram and Maniyar would defend Gopal Godse. Copies of the brief summary of the prosecution witnesses' statements were handed over to the accused. Kistayya and Karkare, who did not understand English, were provided with translations.

  A BRIEF INTRODUCTION OF THE ACCUSED

  Nathuram Vinayak Godse*: 36, Hindu Brahmin, bachelor; principal accused. He was arrested immediately after he murdered Gandhi from the scene of the crime. Holds a diploma in tailoring; worked as a tailor in Poona. Became acquainted with V.D. Savarkar in 1937. He travelled with Savarkar on a countrywide tour as his personal secretary. He is a former member of the Rashtriya Swayamsevak Sangh (RSS). Started publishing a Marathi daily, Agranee, from Poona in 1944. On the closure of Agranee became the editor of Hindu Rashtra.

  Narayan Dattatreya Apte: 35, B.Sc., B.T., Hindu Brahmin, Married. Worked as a lecturer in Ahmednagar. He started a Rifle Club in Ahmednagar.

  Vishnu Ramkrishna Karkare: 35, Hindu, married. Also from Ahmednagar, runs a hotel there.

  Digambar Ramchandra Badge: 35, Hindu, married. Runs a weapons shop 'Shastra Bhandar', selling weapons like knives, swords and dagger, for which a licence is not required; also weaves a metal vest capable of protecting its wearer from stabbing. Has now turned Approver.

  Madanlal Kashmirilal Pahwa: 23, approximately. Hindu, Bachelor. Refugee from West Punjab. Ten days before the murder of Gandhiji, a bomb exploded fifty yards from where Gandhiji sat. Madanlal was arrested immediately after the explosion from near the spot where the bomb exploded; he was identified as the bomber by an eyewitness. On being frisked, after the explosion, a hand grenade was discovered on his person. After his arrest he kept saying 'Who Phir Ayega', 'He will come back.'

  Shankar Kistayya: Hindu, Bachelor from Sholapur. Servant and shop assistant working for Badge.

  Gopal Vinayak Godse: 32, Hindu Brahmin, married. Younger brother of Nathuram Godse. Served in the Colonial Army during the World War.

  Vinayak Damodar Savarkar. 65, Hindu Brahmin, Married. Former president of the Hindu Mahasabha. Did many heroic deeds as a young man. Started revolutionary activities to overthrow the British colonial administration as a student of the Poona College. Became a barrister from London, but was disbarred. Was arrested for being an accomplice in a conspiracy to wage war against the king-emperor. The matter became famous as the 'Nasik Conspiracy'. While being transported by ship to India, he wriggled out of a porthole, while the ship was berthed at Marseilles Port. He reached the shore after swimming in the sea for a mile. Was rearrested immediately. A dispute arose between France and England over the manner of his arrest on French sovereign soil. The matter was finally referred to the International Court at Hague. Eventually he was brought to India. He was tried and sentenced to serve a life sentence in the Cellular Jail at Port Blair on the penal island of Andaman. The imprisonment was notoriously referred to as 'Kala Pani', black water imprisonment. He served a sentence of fourteen years there. On submitting an apology and an assurance of desisting from participating in anti-British activities, Savarkar was brought to the Indian mainland and confined to the coastal town of Ratnagiri, in the Konkan province of south-west Maharashtra, and kept under house arrest. In 1937 when the first Congress provincial government was elected in the Bombay province, their first act was to grant an unconditional pardon to Savarkar. On his release Savarkar joined the Hindu Mahasabha and was elected its president. He is famous as a great writer of Marathi literature, a reformist and a social worker.

  Dr. Dattatreya Sadashiv Parchure: 49, Hindu Brahmin, married. A doctor practicing naturopathy and homoeopathy in Gwalior. The president of the Gwalior Hindu Mahasabha, and the dictator of the Hindu Rashtra Sena, a Hindu fanatic commando group.

  THE SPECIAL COURT

  The court was presided over by Judge H. Atmacharan ICS, and the following lawyers:

  1) Chandra Kishan Daftary, Advocate General, Bombay Province, Chief Prosecutor.

  2) N.K. Pettigara, Bombay.

  3) N.G. Vyavharkar, Bombay.

  4) Raibahadur Jwalaprasad, Punjab.

  5) Pandit Thakurdas*, Delhi.

  Jamshed Dorabjee Nagarvala 'Jimmy', deputy commissioner of police, Bombay was the special investigating officer.

  DEFENCE LAWYERS

  The list of lawyers comprised principal defence counsel, and counsel for Savarkar, L.B. Bhopatkar, Poona; for Nathuram Godse, Barrister VV. Oak, from Bombay, (while later, under the section 'Recording of Evidence' it is stated that Nathuram argued his own case); for Narayan Apte, K.H. Mengle, and G.K. Dua from Bombay; for Vishnu Karkare, Advocate Narhar Daji Dange and G.K. Dua from Bombay; Badge turned approver and was granted a judicial pardon; for Madanlal Pahwa, Puranchandra Bannerji; for Shankar Kistayya, Hansraj R. Mehta, from the Frontier province, appointed by the government; for Gopal Godse, Mohanlal B. Maniyar from Bombay; for V.D. Savarkar, L.B. Bhopatkar from Poona; Barrister Jamnadas Mehta, Bombay; Ganpat Rai, Delhi; Kunjbihari L. Bhopatkar, Poona, (Gandhi Murder Trial adds three more names to Savarkar's defence team, B. Bannerjee, J.P. Mitter and N.P Aiyar. Later on in Gandhi Murder Trial under 'Recording of Evidence' it claims that PR. Das of Patna argued on behalf of Savarkar). For Parchure, PL. Inamdar, Gwalior. (Gandhi Murder Trial again adds S.N. Jauhari to Parchure's defence team. P.L. Inamdar in his book The Red Fort Trial claims that he was the only lawyer appearing for Parchure).

  RECORDING OF EVIDENCE

  The recording of the prosecution evidence began on 24 June 1948 and continued till 6 November. One hundred and forty-nine witnesses were examined and their evidence ran into 720 pages. The prosecution brought on record 404 documentary and 80 material exhibits. Recording the statements of the accused began on 8 November and continued till 22 November comprising 106 pages. All the accused except Shankar Kistayya filed written statements, which ran into 297 pages. The defence, through the prosecution witnesses, brought on record 119 documentary exhibits. The hearing of defence arguments began on 1 December 1948 and continued till 30 December.

  THE TRIAL BEGINS: BADGE TURNS APPROVER

  Four months and three weeks after Gandhi's murder, the daily hearings began. The proceedings began with the presiding judge asking all the accused if they had been able to appoint or were provided with efficient defence counsels. He then went on to read the six-page long chargesheet. The Marathi version was read out by M.A. Navalkar, a translator working for the Bombay Presidency magistrate's court, while the Telugu translation was read out by M. Kamalamma of Bellary. A Punjabi and Hindustani translator, M.R. Handa was also appointed. Every question and its reply had to be interpreted in English, Gujarati, Hindustani, Marathi, Punjabi and Telugu. This process prolonged the duration of the proceedings. Two Cabinet ministers, Gadgil, minister for minerals and mines; and Barrister Ambedkar, the minister for law, his wife and Home Secretary R.N. Bannerjee were present in court that day, besides J.P. Hathisingh and Mrs. B.R. Ayengar.

  Although Badge had been granted a pardon, it was decided to keep him in protective custody for the duration of the trial. After reading the chargesheet Atmacharan declared that Badge was now a 'witness for the prosecution', adding that he had been granted a conditional pardon. He ordered that Badge be imme
diately removed from among the accused and placed in protective custody. A lot of hostility was directed towards Badge and the strategy of the defence lawyers also underwent a change. Although it was suspected that one of the accused had turned an approver and was providing the police with all the information on which they could build the prosecution's case against the accused, there was only speculation about the identity of the 'rat', Gopal Godse, Parchure and Madanlal Pahwa were assumed to be the most likely 'turncoats' by the defence. As soon as Badge was declared an approver, the defence team concentrated all their efforts on discrediting his testimony and proving that he was a habitual and incorrigible liar and his testimony was unreliable.

  Atmacharan then asked the accused if they had understood the charges filed against them and if so, would they plead guilty as charged or did they wish that the court conduct a trial to prove their guilt or establish their innocence. All the eight accused claimed they were innocent. Nathuram Godse told the court—'Try me'. Initially Kistayya pleaded guilty, but after the charges were explained to him in Telugu he said he would confess all that he knew, and requested the court to conduct a trial to establish his innocence. Savarkar pleaded 'innocent' and so did Apte, Gopal Godse and Parchure. Madanlal submitted a written statement to the court, which said: 'I consider myself innocent. There was no conspiracy to cause any harm to Mahatma Gandhi. I was never a part of any such conspiracy. The incident of 20 January was only to display the anger sweeping the nation due to the policy of Muslim appeasement practiced by Mahatma Gandhi in those days. There was nothing more than this in it. No one else was involved in that incident apart from me'.

  CHARGES FRAMED

  The full details of the charges framed against the accused based on the prosecution's version of the story are in Appendix I. The accused pleaded 'not guilty' and 'claimed to be tried' with Parchure further pleading that he was a subject of Gwalior state and not amenable to the jurisdiction of the court.