'I have, however, no doubt that had the audience of that day been constituted into a jury and entrusted with the task of deciding Godse's appeal, they would have brought in a verdict of "not guilty" by an overwhelming majority.'
Nathuram had cleverly exploited the benevolence displayed by the judges to once again propound his philosophy of hate and intolerance. This self-anointed patriot refused to acknowledge that the non-Hindus who had, for centuries, lived in India were also a part of the Indian nation and to carry on a campaign of hate against them was tantamount to treason. But Nathuram was a fanatic and a bigot and did not posses the capability of understanding any other viewpoint which digressed from his belief. He used the opportunity given by the appeal in the high court to once again preach his doctrine of hate. That his statement was a cleverly engineered compilation of lies and half-truths merged with highly exaggerated accounts of real incidents, made it into a very volatile diatribe against a person who was not alive to defend himself. But when one studies the history of Gandhi's last four years, one can immediately see through Godse's lies.
Godse's statement lasted till 11 May; after this Bannerjee continued his arguments, and Kistayya's counsel Avasthi concluded his arguments on 24 May. On the 25th, Daftary argued the prosecution's case, followed by Dange's argument. Finally, after the replies given by Bannerjee, the hearing of the appeal came to an end on 6 June.
Since the rift between the presiding judges had failed to heal, it was impossible to arrive at a unanimous judgement. Justice Achchruram delivered his judgement separately from Justice A.N. Bhandari and Justice G.D. Khosla. Parchure was acquitted because the high court justices refused to accept his confessional statement as a voluntary statement. Kistayya was acquitted since the justices believed that he merely acted as Badge's servant and so could not be held guilty as an accomplice. This had been recommended even by Judge Atmacharan, although he had recommended a lighter sentence. The high court justices recommended that the government show leniency towards Gopal Godse due to his youth. The sentences of Nathuram V. Godse, Narayan D. Apte and Vishnu R. Karkare and Madanlal K. Pahwa were upheld. The judgement was delivered on 21 June 1949.
Although the high court was only hearing an appeal against the ruling of the special court, Justice Achchruram took it upon himself to embellish the tarnished image of the investigating police and absolved them of all wrong-doings and ruled that the critical comments made by Judge Atmacharan were not called for. While on the one hand, Achchruram and Bhandari absolved the police of all wrong-doings and praised them for performing beyond the call of duty, in the case of Dr. Parchure, Achchruram compared them to demons from hell and criticised them for using draconian methods to terrify Parchure into signing a confession. In the same case the judge awarded the police a certificate of merit and condemned them as Nazis. The justices refused to accept Parchure's confession as being voluntary and acquitted him, ignoring the fact that without his help Nathuram Godse and Narayan Apte would not have been able to acquire a gun from Gwalior. If Parchure was not guilty of helping in acquiring the gun, who was?
The 315-page long judgement of Justice A.N. Bhandari and Justice G.D. Khosla was read out by Justice Bhandari.
APPEAL TO THE PRIVY COUNCIL
The accused Nathuram Godse, Narayan Apte, Vishnu Karkare, Gopal Godse and Madanlal Pahwa appealed to the Privy Council against the judgement of the Punjab high court. The appeal was made under the 'Paupers Act', instituted to provide facilities to those who could not spend money to avail of the justice system. This band of 'patriots' chose to appeal to the colonial justice system against the decision of their nation's courts. John Mega appeared for the accused. The main arguments of the appeal were:
(1) The judicial pardon granted to the approver was given illegally and improperly. Thus all the witnesses corroborating the testimony of the approver must be termed illegal and rejected.
(2) According to the law the charge of conspiracy was unsustainable. Various charges were clubbed together which went against the tenets of criminal law. Many testimonies were recorded which were in violation of the Indian Witness Act.
(3) The courts in India had not followed proper procedures of establishing guilt in a criminal matter.
(4) The conspiracy charge against Madanlal was unsustainable, since he was held not guilty in another charge related to the conspiracy.
The Judicial Committee of the Privy Council refused to hear the appeal and returned it on 12 October.
APPEAL TO THE GOVERNOR GENERAL
After the Privy Council rejected the appeal, on 26 October 1949, Special Judge S.S. Dulaar of Delhi issued a death warrant for Nathuram V. Godse and Narayan D. Apte on 26 October. The execution was set for the 15 November 1949, at the Ambala Jail.
Nathuram Godse's parents appealed for mercy for their son to the governor general as did Narayan Apte and his wife. At 11.30 am on 7 November the governor general's office issued a one-line press statement, which said that 'the Governor General has declined to intervene in the matter.' The fates of Nathuram V. Godse and Narayan D. Apte were sealed. They would now be 'hanged by their necks till dead' as sentenced.
EXECUTION
Justice G.D. Khosla has described an eyewitness account of the execution of Nathuram Godse and Narayan Apte. I have reproduced his description of the execution, below:
'The final chapter of this sad story takes us to the Central Gaol, Ambala, where Nathuram Godse and Apte were executed on the morning of November 15, 1949. After the conclusion of the trial they had been sent there to await the decision of the appeal preferred by them. Apte began to write a treatise on some aspects of Indian philosophy which he completed a day or two before his execution. Godse contented himself with reading a number of books. The two condemned prisoners were led out of their cells with their hands pinioned behind them. Godse walked in front. His step occasionally faltered. His demeanour and general appearance evidenced a state of nervousness and fear. He tried to fight against it and keep up a bold exterior by shouting every few seconds the slogan "Akhand Bharat" (undivided India). But his voice had a slight croak in it, and the vigour with which he had argued his case at the trial and in the High Court seemed to have been all but expended. The desperate cry was taken up by Apte, who shouted "Amar rahe" (may live eternally). His loud and firm tone made an uncanny contrast to Godse's, at times, almost feeble utterance.
'The Superintendent of the gaol and the District Magistrate of Ambala who had come to certify the due execution of the High Court's order observed that, unlike Godse, Apte was completely self-possessed and displayed not the slightest sign of nervousness. He walked with a firm step with his shoulders thrown back and his head held high. Taller than Godse by several inches, he appeared to dominate over him. There was, on his face, a look not so much of defiance and justification of what he had done, as of an inner sense of fulfilment, of looking forward to a rightful end to the proceedings which had occasioned so much sound and fury. It was said afterwards that Godse had, during his last days in gaol, repented of his deed and declared that were he to be given another chance he would spend the rest of his life in the promotion of peace and the service of his country. Apte, on the other hand, maintained an unrelenting attitude. Till the very end he refused to admit his guilt, nor did he plead his innocence in the cringing tones of a beaten adversary. The study of Bhagvadgita and his own experiment in writing a treatise on philosophy may have taught him the futility of protest or prayer, or it may be his naturally stoic temperament, but he walked to his doom with the self-assurance and confidence of a man who is about to receive no more and no less than the expected and deserved reward for doing his duty.
'A single gallows had been prepared for the execution of both. Two ropes, each with a noose, hung from the high crossbar in parallel lines. Godse and Apte were made to stand side by side, the black cloth bags were drawn over their heads and tied at the necks. After adjusting the nooses, the executioner stepped off the platform and pulled the lever to release the trap
doors under the feet of the condemned.
'Apte died almost at once and his still body swung in a slow oscillating movement, but Godse, though unconscious and unfeeling, continued to wriggle and display signs of life in the shivering of his legs and the convulsing of his body for fifteen minutes.
'The dead bodies were cremated inside the gaol, the ground where the pyres had been erected was ploughed up and the earth and ashes taken to the Ghaggar River and secretly submerged at a secluded spot'.
Thus what begun as a tragedy ended in a tragedy, with the wasting of two young lives. What happened to Nathuram Godse and Narayan Apte would not have met with the approval of their victim. During the trial, Gandhi's second son Manilal Gandhi, appealed to the Prime Minister Pandit Nehru to forgive the accused. Ramdas Gandhi, his younger brother, also wrote seeking forgiveness.
The primeval practice of avenging a life for a life was enforced, disguised as justice.
Gopal Godse, Vishnu Karkare and Madanlal Pahwa were released on 12 October 1964 after serving their fourteen-year sentences. Their release was celebrated by the Hindu Mahasabha in Poona. An invitation was sent out by M.G. Ghaisas, which read: 'Shree Gajanan Prasanna. Saprem Namaskar, With Respect of Love—To rejoice the release from jail of Shri Gopalrao Godse—The brother of Deshbhakt the Late Shri Nathuram V. Godse, Shri Vishnupant Karkare and Shri Madanlal Pahwa, we (their friends) are going to perform Shri Satya Vinayak Puja and congratulate them by inviting them here: You are therefore requested to remain present for this ceremony. Yours, M.G. Ghaisas. Time: Thursday 12-11-1964, 5.30 p.m. to 7.30 p.m. Place: Udyan Mangal Karyalaya, 61, Shaniwar Peth, Poona-2.' Ghaisas was arrested for organising the function. In his affidavit filed with the Bombay high court, Ghaisas said that about fifty invitations were sent about 125 to 200 persons attended the reception for the homecoming 'heroes'.
Vishnu Karkare went back to Ahmednagar after his release where he spent the rest of his days as a hotelier and patron of the performing arts. He died on 4 April 1974, his wife died in 2003. The Deccan Guest House is run by his adopted daughter in Ahmednagar.
Madanlal Pahwa lived in Mumbai and ran a small business as a dealer in cotton and paper waste, supplying to the Paper and Board Mills. Anytime he found someone who would buy him a few drinks and food, Madanlal would narrate his colourful exploits in Gwalior and his role in the murder of Gandhi. He died in the year 2001, and is survived by his wife.
Badge was given a room in the campus of the police commissioner's office in Mumbai where he lived under protection till his death. Badge continued making chain mail vests and tiger claws for his patrons. What happened to Badge, his wife and children is not known.
Dattatreya Parchure, after his acquittal, returned to his medical practice in Gwalior. He died in the Eighties after suffering from Parkinson's disease. After his acquittal he denied having been involved in the conspiracy till his death. The Parchure Vada still stands in Gwalior.
Shankar Kistayya disappeared into the obscurity of the impoverished Indian masses after his acquittal. Nothing is known about his life after he was acquitted by the high court in 1949.
Gopal Godse, Nathuram's hero-worshipping younger brother, was the last surviving member of the gang of murderers, and lived in Pune with his family. After his release from prison, he was once again imprisoned in the mid-Sixties. After languishing in obscurity during the '70s, in the '80s and '90s, Gopal become a mascot of the Hindu Right wing parties of the Sangh Parivar. He enjoyed a brief innings under the limelight. Gopal died of old age on 26 November 2005. Gopal Godse is survived by his wife Sindhutai and their daughters and grand-children, who proudly uphold the legacy of Nathuram Godse.
Nothing is known about Manorama Salvi, Narayan Apte's lover, or whether she delivered his child. If she did, what happened to it? Was the unfortunate Manorama able to survive the ignominy of being an unwed mother? Narayan Apte, as was his wont, had left behind a lot of loose ends in his personal life too. The Apte family has adopted anonymity.
V.D. Savarkar, the Hindu Mahasabha ideologue, father of fanatical Hinduism and definitely the inspiration for Gandhi's murder was acquitted because the prosecution did not vigorously pursue the case against him. Acquitting him in the case was also a political necessity. Patel had admitted that the government had, 'annoyed the Muslims, [and] we could not afford to anger the Hindus too.' If Savarkar had been found guilty and sentenced, it would have caused a massive Hindu extremist reaction, which the Congress was scared of facing. The investigating officer Nagarvala refused to accept that Savarkar was not involved in the murder conspiracy. The then police commissioner Bharucha, after meeting Savarkar, told the Home minister of Bombay, Morarji Desai, that 'Savarkar behaved very guiltily' in the aftermath of Gandhi's murder. Limaye, who had been detained earlier, told the police that if Nathuram Godse was the murderer, Apte must have been with him and that they must have consulted Savarkar. V. D. Savarkar continued to propagate his version of fanatic Hinduism till his death on 27 February 1966.
The Berretta 9 mm automatic pistol No. 606824 remains locked up in a sealed cupboard in the premises of the Gandhi National Museum, Raj Ghat, New Delhi—its career of dispensing death over. From its birth in Italy it had made a long journey, through Europe, Africa and Asia to finally lie rotting in a cupboard. In its short working life it participated in one of the most gruesome wars of the last century—the Second World War—passed through many hands, and finally landed in the hands of a fanatical murderer on 28 January. Three bullets emerged through the short barrel and hit Gandhi at point blank range. After this the gun was fired by forensic experts and then packed, sealed and mothballed.
14
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THE KAPUR COMMISSION
'Conspiracy is a black, vicious enigma, elusive and deluding like ashadowy spectre, easy to assert, difficult to prove.'
— TAPAN GHOSH, Gandhi murder trial
[To ensure authenticity, and to maintain the sanctity of the Kapur Commission,the language of the extracts has not been corrected.]
On 12 October 1964, Gopal V. Godse, Vishnu R. Karkare and Madanlal K. Pahwa were released from prison after serving life sentences for their role in the murder of Gandhi. When Gopal Godse and Vishnu Karkare reached Poona their friends decided to welcome them as heroes. A function was planned to felicitate them and to commemorate their deed.
A satya vinayak puja was arranged at Udyan Karyalaya on 12 November 1964, and the invitations were sent out in the name of M.G. Ghaisas. The following is an English translation of the Marathi invitation: 'Shri Gajanan Prasanna. In respect of love—To rejoice the release from jail of Shri Gopalrao Godse—the brother of Deshbhakt, Patriot, the late Shri Nathuram V. Godse, Shri Vishnupant Karkare and Shri Madanlal Pahwa, we their friends are going to perform Shri Satya Vinayak Puja and congratulate them by inviting them here: You are therefore requested to remain present for this ceremony along with your friends. Yours, M.G. Ghaisas. Time: Thursday, 12-11-1964 5.30 p.m. to 7.30 p.m., Place: Udayan Karyalaya, 61 Shaniwar Peth, Poona-2.'
In an affidavit filed in the Bombay high court M.G. Ghaisas, whowas detained as a consequence of the function said that about fifty invitations were sent out but intelligence reports said that between 125 to 200 persons attended the function.
G.V Ketkar, grandson of Lokmanya Tilak, former editor of Kesari and Tarun Bharat, and Hindu Mahasabha ideologue, presided over the function. While speaking after the puja, after Gopal Godse and Karkare had narrated their prison experiences, Ketkar revealed that he was aware of the plan to kill Gandhi much in advance and that he had been told about this by Nathuram Godse himself. He said Godse had indicated his intention at a public meeting held at Shivaji Mandir when he referred to Gandhi's oft repeated wish to live to the age of 125 years— Nathuram is reported to have said in Marathi—'Pan tumhala jagu denaar kon? Who will allow you to live till then?' Ketkar claimed that he along with another veteran Balukaka Kenitkar heard this part of Nathuram's speech and were perturbed by it. Ketkar assured Balukaka
that he would confront Nathya and find out if he implied that Gandhi would be killed and if that is what he meant, he would dissuade him from proceeding with any such plans. In the meantime, he suggested that Balukaka should write to the government and inform them. Gopal Godse interrupted Ketkar and asked him to be careful of what he was saying, but there was no holding back Ketkar. He said he had confronted Nathuram and asked him whether what he meant was that Gandhi should be killed. Nathuram had said yes and had said that he would ensure that Gandhi did not cause any more trouble. Ketkar also said that he was acquainted with Badge and after the bomb attack on Gandhi on 20 January 1948, he had met Badge who told him that Apte, Godse, Karkare and Badge were involved in the attack; that the plan was to kill Gandhi and that Godse and Apte were on their way back to kill him. He said that they were very determined to achieve success.
This meeting and Ketkar's speech were extensively reported in the Bombay papers. The correspondent of the Indian Express in Poona, interviewed Ketkar and filed a detailed story which was published. It was reported that people garlanded Nathuram's photograph. A Gita and a Bhagva Zenda, the Hindu Mahasabha's saffron pendant, were displayed, which were claimed to have been held by Nathuram when he ascended the gallows, and a dhoti allegedly worn by hiat the hanging was displayed too. Ketkar, it is said, took off his dhoti and put on the one allegedly worn by Nathuram as a mark of respect.
The bragging, on Ketkar's part, got him and Gopal Godse into a lot of trouble. Ketkar, Ghaisas and Gopal Godse were arrested and imprisoned. Gopal Godse was imprisoned twice for the same offence. There were debates in the Maharashtra Assembly and in Parliament. As a result, the government constituted a commission of inquiry on 22 March 1965, headed by Gopal Sawrup Pathak, M.P On 21 November 1966 on the appointment of Pathak as a minister, retired Justice J.L. Kapur of the Supreme Court of India, was appointed in his place. The terms of reference of the commission were:
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