'In the end I only wish to state in all honesty that I am innocent of all charges levied against me. I beg of this court to do justice by me and order my release, with an untarnished reputation and with my honour restored.'
When he was questioned, Gopal denied any knowledge of Nathuram nominating his wife on his insurance policy.
Question: 'You went to the Sharif Hotel [Delhi] on 19 January. You made inquiries there as to which room Madanlal was staying in. You stayed there till the evening along with Madanlal and Karkare.'
Answer: 'This is not correct. Also, I did not stay at the Hindu Mahasabha Bhavan on the night of 19 January. I saw Madanlal, Shankar and Badge for the first time at the CID office in Bombay.'
Then followed questions relating to his visit to Marina Hotel; repairing the revolver; going to Birla House in a taxi; and making entries in the hotel register of the Frontier Hindu Hotel in his own writing. Gopal denied everything. He said, 'I did not meet Nathuram between 24 and 26 January. Nor did I see Apte and Karkare at the Elphinstone Annexe hotel in Bombay.'
Gopal agreed that the handwriting specimens were his, but it was under pressure from the police that he was made to write in a specific manner. 'The police had tried to get me to admit that I had provided the pistol to Nathuram. When I refused, I was mercilessly beaten up and subjected to inhuman torture for three days.
'I do not wish to present any evidence either rebutting the charges levelled by the prosecution or in support of my statement.'
20 November 1948: 'I say with absolute sincerity and heartfelt honesty that I am innocent of the charges levelled against me by the prosecution. I am not involved in any plot or conspiracy in any manner whatsoever; neither did I have any prior knowledge about any such illegal actions or plots. I have done nothing, as has been alleged in the charges filed against me, there was no reason for me to get involved in such a conspiracy either as a participant or as a patron.' These were the opening remarks of the statement of seventh accused in the Gandhi murder trial, Vinayak Damodar Savarkar, also called 'Swatantraveer', 'Braveheart of Freedom'.
Reading out his fifty-seven page statement in court, Savarkar gave a detailed account of his life, so that he could state his position with absolute conviction. Then he began talking about the Hindu Mahasabha. He said, 'Ten years ago I built a two-storey house and named it Savarkar Sadan. A hall on the ground floor of my home has been given permanently to the Hindu Sangathana for its office. Since the past few years A.S. Bhide lives as a tenant on the right of the hall and on the left resides my secretary J.B. Damle with his family. I stay with my family on the first floor. I was elected the president of the Hindu Mahasabha for the first time in 1937 and held that post for the next six years. Finally, I resigned from the post due to ill health. The objective of the sabha is to organise and unite Hindus and turn them into warriors.
'Hindus are in a majority in India. My party was of the opinion that India should become a secular democracy in which all its citizens would have the same rights and privileges irrespective of their religion, caste or gender. But my party was opposed to the practice of depriving the Hindus of their rights and privileges and favouritism shown to the Muslims. The charges levied against me have been based on two vague sentences. I had refused to write for Godse and Apte's paper Agranee. I had once helped them financially, but later had refused any further aid. On many occasions I had refused to allow Godse to accompany me on my travels. It is possible that Apte could have lied to Badge while telling him that "Savarkar has ordered the killing of Nehru, Suhrawardy and Gandhi". He may have been trying to malign me in the eyes of the Hindu organisations. Apte has been shown to be a person of malicious intentions by the prosecution. Adept at assuming fictitious identities, travelling under false names, giving false addresses in hotels, illegally selling contraband arms and weapons, Apte is portrayed to be a person with chameleon-like capabilities. Apte denies that he had mentioned any such thing to Badge. If Badge had so much faith in Savarkar and was so devoted to him, why did he run away from Delhi to save his life? May be the police wants to hunt for glory by implicating a big name?
'I have played a role as a soldier in many of the battles that have been fought for the independence of our motherland during the past fifty years. I have not sacrificed less than any of the freedom fighters of my generation. Gandhiji had written many words of praise for me in his Young India.''
Savarkar continued, 'I know Nathuram Godse, Narayan Apte, Dr. Parchure, Karkare and Badge only because they are Hindu Mahasabha workers. Nathuram was specially introduced to me. Apte was introduced to me in a letter, stating that he was a worker of the sabha in Ahmednagar. Dr. Parchure came in contact with me as the leader of the Hindu Mahasabha in Gwalior. Karkare was elected as the chairman of the Ahmednagar municipality on a Hindu Mahasabha ticket. Badge had written a letter to me and introduced himself as a member of the Hindu Sabha, saying that he sold weapons for which no licence was required.
'If the correspondence between Apte, Godse and me is analysed it will be apparent that it does not contain any illegal material and our relationship, based on the correspondence, is absolutely legal. Apte and Godse wished to secure investment and moral support from me to start a Marathi daily. I gave them Rs. 15,000. The funding was not given because it was a Godse-Apte publication but because it was a Hindu Mahasabha publication. Godse and Apte had absolute powers to decide about the philosophy and editorial policies of the publication. I had no influence over them or their publication.
'Godse used to be a part of my entourage during my travels in his capacity as a representative of the press. This relationship was only due to his being an office bearer of the Hindu Mahasabha. It would be preposterous if this casual and strictly official contact is stretched to the limits of ludicrousness, as proof enough to brand me a conspirator in the murder of Mahatma Gandhi. I have never heard the names of Gopal Godse, Madanlal and Shankar, and I do not know them at all.
'Badge has mentioned in his testimony that I had made a speech, during an informal meeting at Savarkar Sadan in 1946, in which I had said "The policies adopted by the Congress are detrimental to the wellbeing of the Hindus. An economic boycott of the Muslims must be organised. If Muslims attack Hindus, Hindus must seek revenge and equip themselves to defend against such attacks". This is a product of his fertile imagination, a pack of lies. There have been no such meetings, ever. Even if for the time being we believe that such a meeting had taken place and that I had said everything which has been claimed in Badge's testimony, it in no way connects me to the murder conspiracy.
'Badge has said that he had gone to Savarkar Sadan with Apte and Godse. He waited outside and the other two went inside. How can this be construed to mean that since they had gone inside they had met me before coming out? Apte and Godse could have gone in to meet their friends and fellow workers there. There is no reliable witness who can confirm this incident.
'Badge claims that Apte asked him to accompany them to Delhi. Apte told him that Tatyarao has declared that Mahatma Gandhi, Pandit Nehru and Suhrawardy have to be finished off, and this work has been entrusted to them. This testimony is absolutely false. Apte may have invented this malicious lie to be able to conscript Hindu Mahasabha volunteers to do his nefarious deeds. My name may have been used to lend credibility to this evil lie. Apte and Godse have vehemently denied the charges levied against me.
'Badge claims that I said, "Yashsvi houn ya", "come back after achieving success". About this I have only this to say, Apte and Godse did not meet me on 17 January 1948 or on any other day around then. Even if it is accepted that they may have come to Savarkar Sadan, there is no reliable witness to prove that they met me and discussed anything about the murder conspiracy. The major part of Badge's testimony is made up and fabricated and the rest cannot be used against me, since it lacks credibility and honesty.'
About actress Shanta Bhaskar Modak's testimony, he said that as she did not see Apte and Godse entering Savarkar Sadan, it could not be used to pr
ove that they had met him. 'Dr. Jain's testimony is dependant on what Madanlal told him and so is not admissible. The testimony of the Home minister of Bombay Province, Morarji Desai, cannot be used against me due to certain technical flaws.
'Even from ten thousand letters they could not find any objectionable matter. Having an acquaintance with the other accused is not ground enough to prove my complicity in the conspiracy. All the charges made against me by the prosecution are hearsay and mere allegations; they have failed to prove any of them beyond reasonable doubt. Thus, My Lord, I am absolutely innocent, and I must be honourably acquitted.'
In the end Savarkar displayed the press announcements he had made condemning the arrests of Nehru in 1940, and Gandhi and Nehru in 1942, to the court. He submitted the plea he had made to Gandhi to abandon his fast in 1943, and criticising the attempt on Jinnah's life. He also produced the statement where he had in very clear terms and strong language condemned Gandhi's murder. 'It is evident from these statements made by me from time to time, how much I respect the leaders of the various parties. I consider it a privilege I have remained alive to see the liberation of my motherland. There is no doubt that one part of my life's dream remains yet incomplete. But I have not given up on striving to make my dream a reality. The unification of my motherland, from Sindhu to the seas has yet to be achieved. To achieve this, it is very essential that we unify and strengthen all that we have been given. I have always implored the citizens to stand solidly behind the Union government, no matter which party heads the government. I have accepted the new national flag. The Working Committee of the Mahasabha passed a resolution supporting the Union government. A leader of the Mahasabha, Shyamaprasad Mukherjee, is a minister in the Union Cabinet.
'A Hindu sangathana was formed by disgruntled members, who were opposed to certain decisions of the Mahasabha. They claimed that by recognising the Indian Union the Mahasabha had accepted the formation of Pakistan. By supporting a government which had failed to protect the lives and properties of hundreds of thousands of Hindus in West Punjab and East Bengal, the Hindu Mahasabha had betrayed Hindu interests. Apte and Godse had joined the rival unit. They were die-hard believers of the Hindu supremacist ideology and thus were extremely critical of all that they felt was going against their beliefs and what was perceived to be a softening of the Hindu cause. In 1942 many Congress workers broke the covenant of non-violence given by Gandhiji, and indulged in acts of sabotage and violence using Gandhiji's name. But even the British did not prosecute Gandhiji for this.'
At the end of his statement Savarkar said, 'The prosecution has failed to substantiate any of the charges levelled against me. Thus the order for my release must be given post haste.'
It took Savarkar nearly two and a half hours to read his fifty-seven page long statement. Even though his health was very fragile, Savarkar read his statement while standing, in a very clear voice. While reading the twenty-seventh paragraph on the fifty-first page of his statement, where reference was made to the vivisection of India, his voice choked up and there were tears running down his cheeks. He could not speak for some time; he wiped his tears with a handkerchief and then continued to read out his statement in a dignified manner.
The clever barrister and tactician had built a very competent defence case for himself. Exploiting the weak case built against him by the prosecution, Savarkar was easily able to discredit the evidence and the testimony of witnesses against him. He managed to establish sufficient grounds to cast doubts on the testimony against him. The truth about his involvement in the plot to murder Gandhi was buried in a pact of silence between him and his proteges; Vinayak Damodar Savarkar, Nathuram Vinayak Godse and Narayan Dattatreya Apte knew the truth but they never revealed it. Savarkar's statement was able to prove that the prosecution's case against him was not substantial; but it was not convincing enough about his innocence.
After his statement the court asked him some questions.
Question: 'It has been said by witnesses that in the first week of January 1948, Madanlal told Dr. Jain, that you had listened to a report of his exploits in Ahmednagar. You had called him to meet you. You had spoken to him for almost two hours, and from time to time you patted him on his back and congratulated him on his heroics, with a loud "well done".'
Answer: 'These are blatant lies.'
Question: 'At 9.00 pm on 14 January 1948, Nathuram Godse and Narayan Apte came to your home. They were carrying a bag containing explosives and bombs. After some time they left your home.'
Answer: 'These are lies.'
Question: 'On the morning of 15 January 1948, in the compound of Dixit Maharaj's home, Apte told Badge in Nathuram Godse's presence that you have decided that Mahatma Gandhi, Pandit Nehru and Suhrawardy were to be finished off. And you had assigned this task to them.'
Answer: 'I have never said any such thing to Apte, Godse or any other person.'
Question: 'On 17 January, Nathuram, Apte and Badge went to your home. After approximately ten minutes Apte and Godse came out. You also followed them out. You said "Yashasvi houn ya", "Succeed and come back".'
Answer: 'This is not true.'
Question: 'Later in the taxi Apte told everyone that you have predicted that Mahatma Gandhi's hundred years were now over.'
Answer: 'I have never said this to anyone. I cannot say anything about what transpired between them.'
Question: 'On the morning of 19 January a trunkcall was made from Delhi for Damle or Kasar. Damle is your secretary and Kasaryour bodyguard.'
Answer: 'I have no knowledge about the telephone call. Yes, Damle is my secretary and Kasar, my bodyguard.'
Question: 'On 31 January, many letters and documents were recovered during the search of your home. Some of them bear your signatures and those of Godse and Apte.'
Answer: 'Yes, they do.'
Question: 'Prior to 17 January 1948, you have been shown to have been very closely acquainted with Nathuram Godse, Apte, Karkare, Parchure, Badge and Madanlal. Is this correct?'
Answer: 'I knew Godse and Apte well in connection with their work for the Hindu Mahasabha. I had heard the names of Karkare, Parchure and Badge, but I did not know them personally. Madanlal was not known to me.'
On being asked, Savarkar said, 'I do not wish to say anything further in my defence or present any witness either.'
Next the eighth accused, Dr. Dattatreya Sadashiv Parchure, read out his fifteen-page statement in court.
'Neither on the basis of any facts nor on the basis of any incidents can this special court prosecute me. I am a patriotic citizen of the government of the princely state of Gwalior. I was born in Lashkarand studied there. I have not stayed in British India ever in my life. Thus the proceedings against me are illegal.'
He vehemently denied ever entering in a pact to murder Gandhi with any person or organisation and that he gave his approval for the same. He refused to believe that Gandhi's murder was the result of a conspiracy.
He denied that Godse and Apte had stayed at his home in Gwalior. 'The truth is they had come to my house early in the morning, at 7.30 am on 28 January. I was annoyed to see them, but out of politeness I spoke with them, gave them tea and told them that I had to leave to go to the dispensary. I left my home, alone, at 8.00 am. They came back around 4 o'clock that afternoon. During the course of conversation, Apte mentioned that they had come to Gwalior to seek my help in providing some volunteers to participate in the demonstration they were planning to stage in Delhi. I flatly refused to do any such thing.
'I knew Godse; he was an RSS worker and had been a chief organiser of the sangh. He used to publicise their activities in his newspaper Hindu Rashtra. I did not like it because the sangh used to always stay aloof from the Hindu Mahasabha so I refused to provide volunteers. I invited them to have dinner with me that evening, but they did not turn up. After that I did not see them in Lashkar again. The allegation that they had discussed with me or in my presence about procuring a revolver, is a blatant lie. They did not test a r
evolver in my house.'
Referring to his 'confessional statement' he said that he had been forced to sign on a prepared statement. He said he had been kept in solitary confinement for seventeen days in a cell with stone walls. A CID officer of Gwalior police, Khijr Muhammad, had told him, 'I will now take revenge because you are the leader of the Hindu Mahasabha in Gwalior'.
'I was humiliated even when I was kept in the barracks. Deulkar would alternately threaten me, and then give me advice. He told me all the members of my family had been arrested and were being treated in a similar manner. All the police officers continuously advised me to sign the statement prepared by them to end all my troubles. When I refused, they told me, "Think about your family, they will have to suffer because of your refusal"
'Finally I decided to sign the statement according to the orders of the police after thinking of the plight of my family and most importantly, about my eighty-year-old mother.
'One day at dawn Magistrate Atal came to meet me along with some officers. He placed some papers in front of me and asked me to sign them. I signed wherever I was asked to. It is not true that he asked me questions or even recorded my statement. Since the aforementioned signed statement is not my "confessional statement" it must not be accepted and acted on.'
At the end of his statement Parchure said, 'With reference to the charges framed against me, I have only this to say, I am innocent and must be acquitted immediately.'
22 November 1948: Replying to questions asked by the judge, Parchure said, 'Godse and Apte had not come to my home on 26 January, nor did they spend the night at my place. They did not testfire any pistol in my backyard. It is wrong to say that I had arranged, through Dandavate, to get them a pistol. Accused Dandavate is a proclaimed absconder. On hearing the news of Gandhiji's murder I did not say that a very good deed has been done and Hindu religion is now out of danger.' He added, 'The signature on the statement I had made in the presence of a magistrate is mine, but I have described the circumstances under which I had signed the statement.'
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