25.104 The Commission would like to emphasise that the difference between the two theories, the theory of conspiracy to murder and of conspiracy to kidnap was this; that in the former case the emphasis would have been on Savarkarites of Poona who believed in political assassination, and in the later the emphasis could and would have been on a mixed crowd as indeed it was in the present case.
25.106 All these facts taken together were destructive of any theory other than the conspiracy to murder by Savarkar and his group and, in the opinion of the Commission, Nagarvala tripped because perhaps he was badly served by informants and contacts on whom he had every right to rely, or there was some erroneous conclusion. Of course, he does say that this was merely an information which had yet to be verified; but did it deserve to be so seriously considered under the circumstances?
25 114 Another lapse in the investigational processes in Bombay can be justifiably be attributed to Rana. He reached Poona on 28 January and his evidence shows that he called the D.S.P. of Poona and asked for Inspector Angarkar for the 29th. Rao Saheb Gurtu was also there and according to Ex. 30, Rana's letter to Kamte, the names of Apte, Godse and Badge were 'known from R.S. Gurtu'. In his testimony before the Commission, Rana stated that when asked Gurtu gave the names of the editor and proprietor of the Agranee and the Hindu Rashtra and of the proprietor of the Shastra Bhandar to be Godse, Apte and Badge respectively and he gave these names from memory. This is indicative of the fact that even on the 28th no effort was made to find out where the companions of Madanlal were nor any efforts made to arrest Badge whom Nagarvala was looking for. By then Madanlal's statement, Ex. 1 was with Rana, if not with Nagarvala and Rana could have as he should have warned Delhi as well as Bombay about them and flown watchers and other alert policemen to Delhi as he did after the murder. Here were future murderers on the prowl and no effort was made at the Poona end to warn Delhi or to take preventive measures. Of course by the 28th January Apte and Godse were in Delhi and Karkare who was from Ahmednagar was also at Delhi. Photographs of the later two could also have been flown to Delhi. Some effort should have been made in that direction even if it was rather late. But the Police could not divine that the murder will take place on 30th.
CONSPIRACY TO KIDNAP
25.119 The theory of conspiracy to kidnap Mahatma Gandhi which has been variously described as fantastic, fatuous and even incredible, was sought to be given respectability by Kotwal. He argued that it was no fault of Nagarvala if during the course of his investigation the evidence disclosed a conspiracy to kidnap Mahatma Gandhi and he tried to investigate into the correctness or otherwise of the information.
25.120 Nagarvala in his statement before the Commission has stated that as a police officer if he learnt something about a gang wanting to kidnap Mahatma Gandhi he was duty-bound 1:0 diligently inquire into the matter. He added that his mind was open and he was not obsessed by anything. When asked by the Commission as to whether he seriously believed in the kidnapping theory, his reply was that he did and he added that a police officer does not allow his likes or dislikes to interfere and affect his inquiries.
25.122 There is evidence, submits Kotwal, to show that other people had given credence to this theory. He referred to the evidence of Prof. Jain who stated that Madanlal had told him that he would throw a bomb at a prayer meeting and thus cause confusion which would enable them to 'overpower' Gandhiji.
25.124 In his demi-official letter, Ex. 8, dated 30-1-1948, Nagarvala wrote to Sanjevi that a large number of persons had joined hands to oust the Muslims and for that purpose had collected weapons of all sorts including bombs, and that his opinion was that this gang thought it would be easy to win over the Delhi Police and to kidnap Mahatma Gandhi.
25.125 Kamte, the then Inspector General of Police when recalled stated, 'If I had the information which Professor Jain gave to the Home Minister and the Minister passed on to Nagarvala in regards to the kidnapping theory of Mahatma Gandhi. I would have worked on that theory'. But as far as the Commission has been able to see, the Minister never gave any information to Nagarvala in regard to kidnapping.
25.126 Morarji Desai when examined on this point stated that Jain did not inform him about kidnapping, that the idea of kidnapping was fantastic but even the kidnapping theory could not have impaired the course of investigation.
25.129 Even Sanjevi had not taken any objection to this theory of kidnapping. Nagarvala had deposed that he told Rana about this theory and a long distance telephone call was made to the D.I.B. to whom the theory of kidnapping was repeated but he did not say anything showing that he thought it to be absurd nor did he disapprove of it or deprecate it. Nagarvala has stated that everyone was satisfied in regard to the kidnapping theory. Rana also said that when the theory of kidnapping was conveyed to Sanjevi on the long distance telephone he did not say anything in disapproval of this theory. Further Nagarvala told Sanjevi that security arrangements regarding Mahatma should be strengthened.
25.132 Kamte Inspector General of Police of Bombay, said that he had no knowledge that the intention of the conspirators was to kidnap Mahatma Gandhi. In his opinion it was a fantastic theory.
25.134 This track of investigational procedure, i.e., of conspiracy to kidnap ignored the definite information given by Madanlal to Prof. Jain and relayed through Morarji Desai to Nagarvala that Madanlal and his companions were going to murder a big leader was none other than Mahatma Gandhi, that his financier Karkare had formed a party in Ahmednagar which indulged in violence, that there was a dump of arms with the party and finally that Savarkar had patted Madanlal on his back appreciating his actions. Further, if Jain's name had been disclosed to Nagarvala, his interrogation by trained and experienced police officers of the Bombay Police would, in all probability, have weighed the scales heavily in favour of the murder theory and would have enfeebled the theory of kidnapping if not jettisoned it. One can quite appreciate the desire of Jain not to have his name disclosed but he could have been given protection in some other manner and even Nagarvala could have been asked to keep his name secret. Besides, if Jain was anxious to go to Delhi to get more information out of Madanlal which would have unveiled his identity he should not have been afraid to appear before Nagarvala.
25.135 As already remarked, another big difference in the consequences of pursuing the two theories was this. In the conspiracy to kidnap, the suspected participants amongst others were a large number of Punjabis, names of some of whom are given in the Crime Report, and in the letter of Nagarvala to Sanjevi; and in the investigation of the conspiracy to murder theory, the suspect participants were different, i.e., people coming from a particular section of the Maharashtrian community of Poona and Bombay. Of course, they could also have been very many more than those put up for trial. As far as the Commission can see from the evidence before it, the emphasis would in the case of murder conspiracy be directed against the comparatively smaller set of Maharashtrians rather than a large number of persons, a mixed crowd of Savarkarites and of Punjabi Hindus having a grievance on account of the aftermath of Partition of the country. In other words, in case of the murder theory, the investigational energies would have been directed against the disgruntled, antagonistic Maharashtrian Savarkarites, who because of strong idealistic and fundamental differences with Mahatma Gandhi would unhesitatingly end the Gandhian menace once for all, which in their view was the only way to ensure a Hindu Hindustan in contrast to a secular India.
25.136 The Commission on the facts placed before it is unable to find that the attempt to give respectability to the kidnapping theory has, in the circumstances, succeeded.
Interrogation of Savarkar's personal staff—
25.161 The statement of Appa Ramchandra Kasar, Bodyguard of V.D. Savarkar, Ex. 277, which was recorded by the Bombay Police on 4th March 1948 shows that even in 1946 Apte and Godse were frequent visitors to Savarkar and Karkare also sometimes visited him. During the period when the question of Partition of India was being discussed all these three u
sed to visit Savarkar and discussed with him the question of the Partition and Savarkar was telling Apte and Godse that Congress was acting in a manner detrimental to the Hindus and they should carry on a propaganda through the agency of the Agranee against the Congress, Mahatma Gandhi and his dictatorial policy.
25.162 In August 1947 when Savarkar went to Poona in connection with a meeting, Godse and Apte were always with Savarkar and were discussing with him the future policy of the Hindu Mahasabha, Savarkar told them that he was getting old and that they would have to carry on the work.
25.163 In the beginning of August 1947, on the 5th or 6th, there was an All India Hindu Convention at Delhi and Savarkar, Godse and Apte travelled together by plane. At the Convention the Congress policies were strongly criticised. On 11 August Savarkar, Godse and Apte all returned to Bombay by plane.
25.164 In the month of November 1947 there was a conference of All India State Hindu Mahasabha at Mahim and Dr. Parchure and Surya Dev of Gwalior also attended that meeting.
25.165 In the middle of December 1947, Badge came to Savarkar to inquire after his health but he could not see him. But two or three days later he again came and had a 15 minute talk with Savarkar. Karkare, Apte and Godse also met him during that month twice or thrice.
25.166 On or about 13th or 14th January 1948, Karkare came to Savarkar with a Punjabi youth and they had an interview with Savarkar for about 15 or 20 minutes. On or about 15th or 16th 1948, Apte and Godse had an interview with Savarkar at 9.30 pm. After about a week or so, may be 23rd or 24th January 1948, Apte and Godse again came to Savarkar and had a talk with him at about 10 or 10.30 a.m. for about half an hour.
25.167 When the news of Mahatma Gandhi's murder was announced on the radio at about 5.45 pm. Kasar went and informed Savarkar who said that it was bad news and then kept quiet. The same night at 2 am both Damle and Kasar were arrested and brought to the C.I.D. office. Kasar said that he did not know anything about the assassination.
25.168 Gajanan Vishnu Damle, Secretary of Savarkar, was also examined on 4 March 1948 by the Bombay Police. He said that he had known N.D. Apte of the Agranee for the past four years. Apte started a rifle club at Ahmednagar and also was an Honorary Recruiting Officer during the war. Apte was a frequent visitor to Savarkar's house and sometimes came with Godse. Savarkar had lent Rs. 15,000 to Apte and Godse for the newspaper when security had been demanded from the Agranee. That paper was stopped and a new paper called the Hindu Rashtra was started. Savarkar was one of its Directors and Apte and Godse were the Managing Agents. He knew V. R. Karkare who was a Hindu Mahasabha worker at Ahmednagar for about three years and occasionally visited Savarkar. Badge was also known to him for the last three years. He also used to visit Savarkar.
25.169 In the first week of January 1948, Karkare and a Punjabi Refugee boy came to see Savarkar and they both had an interview with Savarkar for about half an hour or 45 minutes. Neither of them came to see Savarkar again.
25.170 Apte and Godse came to see Savarkar about the middle of January 1948 late at night. Last time that Badge paid a visit to Savarkar was in the last week of December 1947. Several prominent Hindu Mahasabha leaders like Dr. Moonje used to come and see Savarkar.
25.172 When the news was announced on the radio. Damle immediately went to report to Savarkar who said that he would give a statement to the press next morning. The same night Damle and Kasar were arrested.
25.173 The statements of both these witnesses show that Apte and Godse were frequent visitors to Savarkar at Bombay and at conferences and at every meeting they were shown to have been with Savarkar. In August 1947 they were travelling with him both to and from Bombay to Delhi. This evidence also shows that Karkare was also well known to Savarkar and was a frequent visitor. Badge also visited Savarkar frequently. Dr. Parchure visited him too. All this shows that the people who were subsequently involved in the murder of Mahatma Gandhi were all congregating sometime or the other at Savarkar Sadan and sometimes had long interviews with Savarkar.
Investigations showing association of Karkare and Apte—
25.174 Intelligence Bureau file No. 13/HA(R)/59-11, Ex. 224-A, contains some important and revealing documents. At page 11 of this file there is a forwarding letter No. C/3 dated 3-2-1948 from G.S. Chaubal, one of the Deputy Superintendents of Police of the C.I.D. in the office of the D.I.G., C.I.D., Poona and is addressed to J.D. Nagarvala, Deputy Commissioner of Police with a copy to M.K. Sinba, Deputy Director, I.B. in the Ministry of Home Affairs. To this letter was attached a document giving a list of relatives and associates of Karkare and his description. Among the friends and associates at No. 10 was N.D. Apte of Poona. This letter was received in the Intelligence Bureau on the 6th February and was seen by M.K. Sinha, deputy Director on February 9, 1948. These delays in the receipt of important letters are both astounding and not an uncommon feature of the investigation.
25. 175 The next document is at page 13 and is addressed by Chaubal to the Inspector General of Police, Delhi, with a copy to the Deputy Director, I. B., Government of India. It is dated 1 February 1948. It says that four Head Constables were being sent to watch the activities of Maharshtrians, especially N.D. Apte who is considered to be inseparable from N.V. Godse and is also the person referred to in Madanlal's statement as proprietor of the Hindu Rashtra of Poona. Their duty will be to point out to the police at Delhi these persons with a view to prevent further outrage. The Constables sent were— Head Constable Kulkarni, Constable Mahajan, Head Constable Jadhav and Head Constable Kadam.
25.178 Another letter at page 21 dated 3 February 1948 is from D.I.G., C.I.D., Poona to the Inspector General of Police, Bombay, with copies to the Deputy Director, I.B. New Delhi and Deputy Commissioner of Police, Bombay. This was also received in the I. B. Office on 9 February 1948. The report attached to this letter is dated 3 February 1948 and shows what action was taken at Poona and Lonavala (near Poona) showing that the police had started taking diligent interest in the investigation. If the information about Karkare and his association with N.D. Apte and the photographs of both Karkare and Apte were in the possession of the D.I.G., C.I.D., it is surprising why nobody asked for it earlier and it is more surprising that Rana should not have directed his office to send these photographs at least of Karkare whose name was known and the names of his associates to Nagarvala at Bombay or Sanjevi at Delhi. Nagarvala also could have easily asked for this information from the office of the D.I.G., C.I.D., Poona which is equally applicable to the D.I.B. at Delhi who was also Inspector General of Police at that time. The sending of the Head Constables from Poona if it had been done earlier as was suggested in the statement of N.M. Kamte and R. N. Bannerjee, might have averted the catastrophe. Of course it is only a 'might have'.
25.181 At various pages of that file, there is a mention of different persons who were arrested and interrogated but at page 52 is the statement made before a Magistrate under section 164 Cr. PC. of one Devendra Kumar, who was originally a resident of Goa and had joined the Hindu Rashtra Dal in March 1937. He stated that he met N.V. Godse who was Captain of the Dal. The statement shows how the deponent was taught to manufacture bombs and to use guns from bicycles and cars and how to use pistols and revolvers. He was also training others. Among other things he disclosed that it was planned that Mahatma Gandhi, Nehru, Sardar Patel, Maulana Azad and Baldev Singh should all be killed as they were standing in the way of the Rashtra Dal. The party was waiting for a chance to execute this programme. He then added:—
'We were creating hatred against these leaders in the minds of the public and it was planned that as soon as the public was ready the leaders should be killed one by one.... When I heard of the sad incident about Gandhiji, I became unnerved. I dropped a letter to Savarkar threatening to expose the conspiracy if he did not desist from the execution of the rest of the programme....'
25.182 Among the names of the conspirators to assassinate Mahatma Gandhi he named Desh Pandey, Apte, Godse, A. Chavan, Modak, Jog, Damle and Kasar, Secretary an
d Bodyguard of Savarkar respectively. Keskar, Joshi, Jogulkar and Chandrashekhur Aiyer. He gave a list of the manufacturers of bombs and amongst them was D.R. Badge of Narainpeth, Poona. This statement may in the context of the offence mean nothing but it does show that after the murder the police throughout the country became active. Devendra Kumar was examined by a Magistarte at Mirzapur in U.P. and the investigation was done by officers of Benaras and Lucknow. This Devendra Kumar was brought to Delhi and was examined by the police there and his statement shows a fair amount of knowledge of the working of the Hindu Mahasabha and the Rashtra Dal and that among the prominent workers of the Savarkar group were Kasar, N.D. Apte, N.V. Godse, Karkare and several others with whose names we may not be concerned. The statement also mentions a session of the Hindu Mahasabha at Barsee where Nathuram Godse made a very fiery speech and raised most objectionable slogans against the Congress Government like, 'Down with Maulana Gandhi', 'Down with Gandhiism'. Godse also advocated the collection of arms and ammunitions to fight the Congress and the main targets were 'Maulana Gandhi', Pandit Jawaharlal Nehru, Sardar Patel, Maulana Azad and Baldev Singh. This was at a meeting of the Hindu Rashtra Dal at Jogeshwari Mandir at which Godse, Apte, Karkare, Kasar and several others were present.
Chapter XXVI of the Kapur Commission's Report deals with its findings on the terms of reference of the Commission. The Chapter deals with in details all the findings of the Commission but since I have reproduced the investigations in detail it is not necessary to go into all the details again except for some which are revealing.
26.3 The following gentlemen from Poona must be held to have had prior knowledge; Balukaka Kanitkar, S.R. Bhagwat, R.K. Khadilkar, Keshavrao Jedhe, Member Constituent Assembly and G.V. Ketkar. In this category one may include N.V. Gadgil who was given some information by Jedhe, in language which was full of conundrums and which, therefore, makes it almost valueless. Besides these gentlemen, Purshottamdas Trikamdas, Barrister-at-Law of Bombay, has deposed that a man came to him whose name he could not recall and told him about the threat to the life of Mahatma Gandhi. Trikamdas took him to B.G. Kher and then to Morarji Desai who has no recollection of this. Kanji Dwarkadas has also given evidence of some information which B.G. Kher had but the Commission is unable to derive much benefit from his testimony.
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