Lets Kill Gandhi

by Gandhi, Tushar A.

  The Defence's Version

  Nathuram V. Godse has filed a long written statement. In his statement he says:

  On 14 January 1948 he along with Narayan D. Apte came from Poona to Bombay. On 17th January 1948, he along with Narayan D. Apte and Digambar R. Badge visited various places in a taxi to collect money and collected money. He and Narayan D. Apte travelled by air from Bombay to Delhi under the assumed names of 'D. N. Karmarkar' and 'S. Marathe'. They stayed at the Marina Hotel at Delhi from 17th January, 1948 to 20th January, 1948. On 20 January 1948 in the morning he had a headache. Digambar R. Badge came to the hotel. Narayan D. Apte and Digambar R. Badge had a talk between themselves about their going to the Birla House. He and Narayan D. Apte then left Delhi for Kanpur that night by the Express. They stayed in the Kanpur Central Railway Station's Retiring Room. They then left Kanpur for Bombay. They stayed in the Elphinstonee Annexe Hotel, Bombay, from 24th January 1948 till 27 January 1948. They then reserved two seats on 25 January 1948 by the plane scheduled to leave Bombay for Delhi in the morning of 27 January 1948, under the assumed names of 'D. Narayanrav' and 'N. Vinayakrav'. They travelled under those assumed names by the plane from Bombay to Delhi on 27 January 1948. They were at Gwalior on 28 January 1948, and met Dattatreya S. Parchure. On 29 January 1948, he stayed at the Delhi Main Railway Station Retiring Room under the assumed name of 'N. Vinayakrav'. On 30 January 1948, he did shoot Mahatma Gandhi dead with a pistol in the prayer ground of the Birla House.

  Nathuram's Case

  The case of Nathuram V. Godse appears to be that there was no 'conspiracy' between him and other accused to committee the murder of Mahatma Gandhi, what he did was his own individual action. His motive for having committed the murder, as given in his written statement, was the partition of the country into the 'Dominion of Pakistan' and the 'Dominion of India' for which he had held Mahatma Gandhi to blame and the fast that Mahatma Gandhi had started on 13 January 1948, which according to him had been started by Mahatma Gandhi to coerce the Government of India to pay the sum of Rs.55 crores to the government of Pakistan.

  Apte's Plea

  Narayan D. Apte has also filed a written statement, in his statement he says:

  He has for a long time known Digambar R. Badge, who used to supply him with arms, ammunition and explosives. On 14 January 1948, he along with Nathuram Godse came from Poona to Bombay. They met Digambar R. Badge at the Hindu Mahasabha Office in Dadar on 15 January 1948. Digambar R. Badge asked them why they had come to Bombay. They told him that they intended to stage a demonstration at Delhi. He thereon asked them if he could also accompany them to Delhi. They told him that they had no objection to his accompanying them to Delhi. He told them that he would meet them on 17 January 1948. On 15 January 1948, he obtained two air tickets from Bombay to Delhi from a certain individual whom he had met at the Air India Office. The tickets were in the names of 'D.N. Karmarkar' and 'S. Marathe', and were for the plane scheduled to leave Bombay for Delhi on the afternoon of 17 January 1948. On 17 January 1948, He and Nathuram V. Godse met Digambar R. Badge at the V.T. Railway Station. They then visited various places in a taxi to collect money and collected some money. They then travelled by air from Bombay to Delhi under the assumed names 'D.N. Karmarkar' and 'S. Marathe'. They stayed at the Marina Hotel in Delhi from 17 January 1948 till 20 January 1948, under the assumed names of 'M. Deshpande' and 'S. Deshpande'.

  On 20 January 1948, Digambar R. Badge came to see him and Nathuram V. Godse. He asked Digambar R. Badge to proceed to Birla House that evening and meet him there so that it might be found out if it was possible to stage a demonstration there that evening. He left for Birla House at about 4.30 p.m. Digambar R. Badge and Shankar Kistayya met him as he came out of the Marina Hotel. He took them along with him in a private car to Birla House. They got down from the car at the back of Birla House. They then proceeded to the prayer ground. When the prayers began, it was found out that the loud speakers have failed. He accordingly thought that it was not a fit occasion to stage a demonstration.

  He and Shankar Kistayya then came back to the Marina Hotel and Digambar R. Badge stayed on at Birla House. Digambar R. Badge came to the Marina Hotel about half an hour later, and saw him. Digambar R. Badge told him that a refugee of the name Madanlal K. Pahwa had been caught hold of at Birla House in connection with an explosion that had taken place there. Digambar R. Badge further told him that he had sold some 'stuff' Madanlal K. Pahwa. He had informed Nathuram V. Godse, what he had learnt from Digambar R. Badge. They thereon decided to leave Delhi forthwith. They then left Delhi for Kanpur that night by the Express. They stayed for a day in the Kanpur Central Railway Station's Retiring Room. On reaching Bombay they stayed at the Arya Pathik Ashram, Bombay from 23 January 1948 till 24 January 1948. He had registered his name as 'D. Narayan'. They shifted to the Elphinstonee Annexe Hotel, and stayed there from 24 January 1948 till 27 January 1948. On 25 January 1948, they reserved two seats by the plane scheduled to leave Bombay for Delhi on the afternoon of 27 January 1948. They had reserved the seats under the assumed names of 'D. Narayanrav' and 'N. Vinayakrav'. On 27 January 1948, they travelled by air from Bombay to Delhi under those assumed names. On 28 January 1948 they were at Gwalior, and met Dattatreya S. Parchure. He then left for Bombay, and Nathuram V. Godse for Delhi.

  Gandhiji's Fast

  The case of Narayan D. Apte appears to be that he along with Nathuram V. Godse had come to Delhi on 17 January 1948, with the intention of staging a demonstration against the fast that Mahatma Gandhi had started on 13 January 1948, with a view to coercing the Government of India to give the sum of Rs.55 crores to the government of Pakistan. He along with Nathuram V. Godse was at Gwalior on 28 January 1948, with the view of obtaining some volunteers for that purpose from Dattatreya S. Parchure. His case further appears to be that on 30 January 1948, he was in Bombay and not at Delhi.

  Karkare's Case

  Vishnu R. Karkare had also filed a written statement, he says:

  He along with Madanlal K. Pahwa left Bombay for Delhi by the night train on 15 January 1948, and reached Delhi at about mid-day on 17 January 1948. They stayed at the Sharif Hotel from 17 January 1948 till 19 January 1948. He had stayed under the assumed name of 'B.M. Bias',

  The case of Vishnu R. Karkare appears to be that it was at the request of Madanlal K. Pahwa that he had come from Bombay to Delhi. Madanlal K. Pahwa had told him that his marriage was being arranged at Delhi and that it was also being contemplated by some refugees to take a deputation to Mahatma Gandhi at Delhi. His case further appears to be that on 30 January 1948, he was at Bombay and not at Delhi.

  Madanlal's Stand

  Madanlal K. Pahwa has also filed a written statement, he says:

  He had come in contact with Dr. J.C. Jain in October 1947. He used to sell his books on commission basis. He heard on radio on 12 January 1948, that Mahatma Gandhi was to start a fast to rehabilitate the Muslims of Delhi and to get the sum of Rs. 55 crores paid by the Government of India to the government of Pakistan, and felt annoyed. He was approached by certain refugees, who told him that they wanted to stage a demonstration before Mahatma Gandhi at Delhi against his fast.

  He told Vishnu R. Karkare that he intended to lead a deputation to Mahatma Gandhi, and asked Karkare to accompany him to Delhi. He also asked Vishnu R. Karkare to accompany him to Delhi in connection with the arrangements of his marriage. He and Vishnu R. Karkare left Bombay for Delhi on 15 January 1948, and reached Delhi at about mid-day on 17 January 1948. They stayed at the Sharif Hindu Hotel at Delhi from 17 January 1948, till 19 January 1948. On 18th January, he came to know that Mahatma Gandhi had broken his fast after obtaining a promise that all his conditions would be fulfilled. On 20 January 1948 he met Digambar R. Badge in the refugee camp. Digambar R. Badge told him that he had come to Delhi for the sale of arms, ammunition and explosives to the refugees and took him to the barracks where he was putting up. Digambar R. Badge had a large quantity of arms, ammunition and explosives, and handed over to
him a gun cotton slab and a hand grenade as samples. Digambar R. Badge told him that he and his co-workers were also thinking of staging a demonstration before Mahatma Gandhi in a day or two and that some of his co-workers were putting up in the Marina Hotel.

  It then struck him that it would be better to explode the gun cotton slab at a safe distance from Mahatma Gandhi, court arrest and tell Mahatma Gandhi thereafter about the grievances of the refugees. He asked Vishnu R. Karkare to accompany him to Birla House. Vishnu R. Karkare looked frightened, and told him that he would reach there a little later. He then proceeded armed with the gun cotton slab and the hand grenade to the Birla House, and exploded the gun cotton slab there.

  The case of Madanlal K. Pahwa appears to be that he had come to Delhi with a 'view to take a deputation before Mahatma Gandhi and also with a view to making arrangements for his marriage. He came across Digambar R. Badge in the refugee camp. Digambar R. Badge handed over to him a gun cotton slab and a hand grenade as samples. He exploded the gun cotton slab at a safe distance from where Mahatma Gandhi was sitting with a view to court arrest and tell Mahatma Gandhi thereafter as to what were the grievances of the refugees.

  Shankar's Case

  Shankar Kistayya in his statement states as below:

  He is a servant of Digambar R. Badge. Narayan D. Apte and Vishnu R. Karkare, now and then, used to visit the Shastra Bhandar. On 14 January 1948, he and Digambar R. Badge came from Poona to Bombay. They had two gun cotton slabs and five hand grenades with them, they proceeded to the Hindu Mahasabha Office at Dadar. Nathuram V. Godse and Narayan D. Apte came there and took away Digambar R. Badge with them. They then came back, and proceeded along with him to the house of Dixit Maharaj. The 'stuff' brought by them was left with a servant there. He and Digambar R. Badge then were left at the Hindu Mahasabha Office, and met Madanlal K. Pahwa there.

  On 15 January 1948, they met Vishnu R. Karkare. They then left Bombay for Poona on the night of 15 January 1948. Nathuram V. Godse came to see Digambar R. Badge twice in Poona on 16 January 1948. He and Digambar R. Badge came back to Bombay on 17 January 1948. Nathuram V. Godse, Narayan D. Apte and Digambar R. Badge then took him in a car from place to place. He and Digambar R. Badge left Bombay for Delhi by the Punjab Mail on 18 January 1948. They reached Delhi on the night of 19th January 1948 and proceeded to the Hindu Mahasabha Bhavan, New Delhi. They met Madanlal K. Pahwa and Gopal V. Godse there, Nathuram V. Godse, Narayan D. Apte and Vishnu R. Karkare also came there for some time a little later.

  On 20 January 1948, in the morning, Narayan D. Apte took him and Digambar R. Badge to Birla House. They then went to the back of Birla House and then to the prayer platform. Narayan D. Apte took various measurements and pointed out a number of places. There was some talk between Narayan D. Apte and Digambar R. Badge. They then came back to the Hindu Mahasabha Bhavan. Narayan D. Apte then took him along with Digambar R. Badge and Gopal V. Godse to the back of the Hindu Mahasabha Bhavan. He carried the revolver of Digambar R. Badge. Gopal V. Godse carried his own revolver. Narayan D. Apte then said that the two revolvers be tried out. The revolver of Gopal V. Godse did not work. He fired a shot and the shot did not go very far. They then came back to the Hindu Mahasabha Bhavan. Narayan D. Apte then asked him along with Vishnu R. Karkare, Madanlal K. Pahwa, Gopal V. Godse and Digambar R. Badge to proceed to the Marina Hotel.

  Gopal V. Godse began repairing his revolver in the room of Nathuram V. Godse. Narayan D. Apte, Vishnu R. Karkare, Madanlal K. Pahwa and Digambar R. Badge entered an inner room and began cutting some wire and fixing it to something. There was then a distribution of arms and ammunition. Digambar R. Badge handed him over a 'pistol' and a 'bomb' and asked him to keep them. He along with Narayan D. Apte, Gopal V. Godse, Digambar R. Badge then went in a car to Hindu Mahasabha Bhavan and from there to the back of the Birla House. They met Madanlal K. Pahwa, Vishnu R. Karkare and Nathuram V. Godse there.

  There was some talk between Digambar R. Badge and those persons. After some time Digambar R. Badge asked him for his 'pistol' and left the two pistols wrapped up in a towel in the car. Digambar R. Badge handed over his 'bomb' to him and asked him to keep the two 'bombs' with him. He and Digambar R. Badge then proceeded to the prayer ground. Some time later there was a loud sound and some smoke. He then saw Madanlal K. Pahwa being led in custody.

  He and Digambar R. Badge then left Birla House in a tonga for the Hindu Mahasabha Bhavan. Digambar R. Badge asked him there to throw away the two 'bombs' behind the Hindu Mahasabha Bhavan. Digambar R. Badge also asked him to throw away the contents of the bag lying in the cupboard. He complied with his instructions. He and Digambar R. Badge then left Delhi for Poona.

  The case of Shankar Kistayya appears to be that what he did, he did in obedience to the orders of his master Digambar R. Badge. He knew nothing about the 'conspiracy' and had not been told anything about it by anyone including Digambar R. Badge.

  The arguments on behalf of Shankar Kistayya ended on 14 December 1948. On 29 December 1948, Shankar Kistayya filed an application retracting his statement made before the court on 19 November 1948. He in his application writes to say that he had made the statement under the influence of the Police. Shankar Kistayya himself conducted part of the cross examination of Digambar R. Badge. He was allowed to do so as his counsel had not been appointed by him but had been appointed at the expense of the Crown by the Court.

  The cross-examination as conducted by him fits in with the version of his story as stated by him in his statement before the Court. Neither the cross examination conducted by him nor his version of the story as stated by him in his statement goes to show that he wants to implicate himself in any way whatsoever in regard to the charge of 'conspiracy'. The exculpatory statement made by him accordingly would have been of no advantage as against the other accused to the Police. There thus appears to be no reason to suppose that the statement was made by him under pressure from the police. It appears to me not unlikely that the statement was retracted by him at the instance of the other accused or some of them.

  Gopal V. Godse's Case

  Gopal V. Godse has also filed a written statement, and in his statement denies the allegations of the prosecution in toto. His case appears to be that he was at Uksan (Poona) from 17 January 1948 till 25 January 1948, and that thereafter, he attended to his work in the Motor Transport Spares Sub-Depot at Karkee (Poona). He admits that he is the brother of Nathuram V. Godse.

  Savarkar's Case

  Vinayak D. Savarkar has also filed a written statement and in his statement denies the allegations of the prosecution in toto.... His case appears to be that he had no control whatsoever over Nathuram V. Godse and Narayan D. Apte.

  Parchure's Case

  Dattatreya S. Parchure has also filed a written statement and in his statement states as bellow:

  On 28 January 1948, Nathuram V. Godse and Narayan D. Apte came to him and asked him for volunteers for the purpose of staging a demonstration at Delhi. He flatly refused to send volunteers for any such purpose.

  The contention of Dattatreya S. Parchure appears to be that he is a subject of the Gwalior State and that as such, he is not amenable to the jurisdiction of the Court.

  It is thus the common case of the parties that the motive for what took place at Delhi on 20 January 1948 and 30 January 1948 was apolitical one and had originated after the partition of the country into the 'Dominion of Pakistan' and the 'Dominion of India'. The accused or at least some of them strongly felt that had it not been for Mahatma Gandhi the country would have never been divided into the two dominions. Mahatma Gandhi again was held responsible for what had taken place to the minority community in the 'Dominion of Pakistan'. The feelings of the accused or at least some of them subsequently got all the more intensified against Mahatma Gandhi when he started the fast on 13 January 1948.

  The main difference that exists between the two versions of the story is that according to the prosecution because of this very motive the accused entered into a 'conspiracy' t
o commit the murder of Mahatma Gandhi and that according to the defence because of this very motive the accused entered into an 'agreement' just to stage a peaceful demonstration before Mahatma Gandhi. The material point accordingly that arises for consideration before the court is whether the 'agreement' was to commit the murder of Mahatma Gandhi or just to stage a demonstration before Mahatma Gandhi.

  General Law Points Raised

  The case was tried under the provisions of the Bombay Public Security Measures Act as extended to the Province of Delhi.

  Section 13 of the Act runs as below:

  1) A Special Judge may take cognisance of offences without the accused being committed to his Court for trial.

  2) A Special Judge shall ordinarily record a memorandum only of the substance of the evidence of each witness examined, may refuse to summon any witness if satisfied after examination of the accused that the evidence of such witness will not be material and shall not be bound to adjourn any trial for any purpose unless such adjournment if, in his opinion, necessary in the interest of justice.

  2-A) A special Judge trying an offence under this Act may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. Any pardon so tendered shall, for the purposes of Section 339 and 339-A of the Code, be deemed to have been tendered under Section 338 of the Code.