AHMEDABAD
March 18, 1922
At the Circuit House at Shahi Bag, the trial of Mr. Gandhi and Mr. Banker commenced on Saturday noon.
Sir J. T. Strangman with Rao Bahadur Girdharlal conducted the prosecution while the accused were undefended. The Judge took his seat at 12 noon and said there was a slight mistake in the charges framed, which he corrected. The charges were then read out by the Registrar, the offence being in three articles published in the Young India of September 29, December 15, of 1921 and February 23, 1922. The offending articles were then read out; first of them was, "Tampering with Loyalty"; the second, "The Puzzle and Its Solution" and the last was "Shaking the Manes".
The Judge said the law required that the charge should not only be read out, but explained. In this case, it would not be necessary for him to say much by way of explanation. The charge in each case was that of bringing or attempting to bring into hatred or contempt or exciting or attempting to ex- cite disaffection towards His Majesty's Government established by law in British India. Both the accused were charged with the three offences under Section 124 A, contained in the articles read out, written by Mr. Gandhi and printed by Mr. Banker. The words "hatred and contempt" were words the meaning of which was sufficiently obvious. The word "disaffection" was defined under the Section, where they were told that disaffection included disloyalty and feelings of enmity and the word used in the Section had also been interpreted by the High Court of Bombay in a reported case as meaning political alienation or discontent, a spirit of disloyalty to Government or existing authority. The charges having been read out, the Judge called upon the accused to plead to the charges. He asked Mr. Gandhi whether he pleaded guilty or claimed to be tried.
MR. GANDHI: I plead guilty on each count of the charge. I merely observe that the King's name is omitted from the charge- sheet and, in my opinion, very properly.
THE JUDGE: Mr. Banker, do you plead guilty, or do you claim to be tried?
MR. BANKER: I plead guilty.
Sir J. Strangman then wanted the Judge to proceed with the trial fully; but the Judge said he did not agree with what had been said by the Counsel. The Judge said that from the time he knew he was going to try the case, he had thought over the question of sentence and he was prepared to hear anything that the Counsel might have to say, or Mr. Gandhi wished to say, on the sentence. He honestly did not believe that the mere recording of evidence in the trial which Counsel had called for would make any difference to them, one way or the other. He, therefore, proposed to accept the pleas.
Mr. Gandhi smiled at this decision.
The Judge said nothing further remained but to pass sentence and be- fore doing so, he liked to hear Sir J. T. Strangman. He was entitled to base his general remarks on the charges against the accused and on their pleas.
SIR J. T. STRANGMAN: It will be difficult to do so. I ask the Court that the whole matter may be properly considered. If I stated what has happened before the Committing Magistrate, then I can show that there are many things which are material to the question of the sentence.
The first point, he said, he wanted to make out, was that the matter which formed the subject of the present charges formed a part of the campaign to spread disaffection openly and systematically to render Government impossible and to overthrow it. The earliest article that was put in from Young India was dated 25th May 1921, which said that it was the duty of a non-co-operator to create disaffection towards the Government. The counsel then read out portions of articles written by Mr. Gandhi in the Young India. Court said nevertheless it seemed to it that the Court could accept plea on the materials of which the sentence had to be based.
Sir J. Strangman said the question of sentence was entirely for the Court to decide. The Court was always entitled to deal in a more general manner in regard to the question of the sentence than the particular matter resulting in the conviction. He asked leave to refer to articles before the Court and what result might have been produced if the trial had proceeded in order to ascertain what the facts were. He was not going into any matter which involved dispute.
The Judge said there was not the least objection. Sir J. Strangman said he wanted to show that these articles were not isolated. They formed part of an organized campaign, but so far as Young India was concerned, they would show that from the year 1921. The Counsel then read out extracts from the paper, dated June 8, on the duty of a non-co-operator, which was to preach disaffection towards the existing government and preparing the country for civil disobedience. Then in the same number there was an article on disobedience.
Then in the same number there was an article on Disaffection—a virtue or something to that effect. Then there was an article on the 28th of July 1921, in which it was stated that "we have to destroy the system". Again, on September 30, 1921, there was an article headed, "Punjab Prosecutions" where it was stated that a non-co-operator worth his name should preach disaffection. That was all so far as Young India was concerned. They were earlier in date than the article, "Tampering with Loyalty" and it was referred to the Governor of Bombay. Continuing, he said, the accused was a man of high educational qualifications and evidently, from his writings, a recognized leader. The harm that was likely to be caused was considerable. They were the writings of an educated man, and not the writings of an obscure man and the Court must consider to what the results of a campaign of the nature disclosed in the writings must inevitably lead. They had examples before them in the last few months. He referred to the occurrences in Bombay last November and Chauri Chaura, leading to murder and destruction of property, involving many people in misery and misfortune. It was true that, in the course of those articles, they would find non-violence was insisted upon as an item of the campaign and as an item of the creed. But what was the use of preaching non- violence when he preached disaffection towards Government or openly instigated others to overthrow it? The answer to that question appeared to him to come from Chauri Chaura, Madras and Bombay. These were circumstances which he asked the Court to take into account in sentencing the accused and it would be for the Court to consider those circumstances which involve sentences of severity.
As regards the second accused, his offence was lesser. He did the publication and he did not write. His offence nevertheless was a serious one. His instructions were that he was a man of means and he asked the Court to impose a substantial fine in addition to such term of imprisonment as might be inflicted upon. He quoted Section 10 of the Press Act as bearing on the question of fine. When making a fresh declaration, he said a deposit of Rs. 1,000 to Rs. 10,000 was asked in many cases.
COURT: Mr. Gandhi, do you wish to make a statement to the Court on question of sentence?
MR. GANDHI: I would like, with the Court's permission, to read a written statement. COURT: Could you give me the writing to put it on record?
MR. GANDHI: I shall give it as soon as I finish reading it.
Before reading his written statement, Mr. Gandhi spoke a few words as introductory remarks to the whole statement. He said: Before I read this statement I would like to state that I entirely endorse the learned Advocate-General's remarks in connection with my humble self. I think that he was entirely fair to me in all the statements that he has made, because it is very true and I have no desire whatsoever to conceal from this Court the fact that to preach disaffection towards the existing system of Government has become almost a passion with me, and the learned Advocate- General is also entirely in the right when he says that my preaching of disaffection did not commence with my connection with Young India, but that it commenced much earlier and in the statement that I am about to read, it will be my painful duty to admit before this Court that it commenced much earlier than the period stated by the Advocate-General. It is the most painful duty with me, but I have to discharge that duty knowing the responsibility that rests upon me, and I wish to endorse all the blame that the learned Advocate-General has thrown on my shoulders in connection with the Bombay, the Madras and the Chauri Chaura occurrences. Thinking over these deeply and sleeping over them night after night, it is impossible to dissociate myself from the diabolical crimes of Chauri Chaura or the mad outrages in Bombay and Madras. He is quite right when he says that, as a man of responsibility, a man having received a fair share of education, having had a fair share of experience of this world, I should know the consequences of every one of my acts. I knew that I was playing with fire. I ran the risk and, if I was set free, I would still do the same. I know that I was feeling it so every day and I have felt it also this morning that I would have failed in my duty if I did not say what I said here just now.
I wanted to avoid violence. I want to avoid violence. Non- violence is the first article of my faith. It is also the last article of my creed. But I had to make my choice. I had either to submit to a system which I considered had done an irreparable harm to my country, or incur the risk of the mad fury of my people bursting forth when they understood the truth from my lips. I know that my people have sometimes gone mad; I am deeply sorry for it. I am, therefore, here to submit not to a light penalty but to the highest penalty. I do not ask for mercy. I do not ask for any extenuating act of clemency. I am here to invite and cheerfully submit to the highest penalty that can be inflicted upon me for what in law is a deliberate crime and what appears to me to be the highest duty of a citizen. The only course open to you, the Judge, is as I am just going to say in my statement, either to resign your post, or inflict on me the severest penalty, if you believe that the system and the law you are assisting to administer are good for the people of this country and that my activity is there- fore injurious to the public weal. I do not expect that kind of conversion, but by the time I have finished with my statement, you will, perhaps, have a glimpse of what is raging within my breast to run this maddest risk that a sane man can run.
The statement was then read out.
STATEMENT
I owe it perhaps to the Indian public and to the public in England, to placate which this prosecution is mainly taken up, that I should explain why, from a staunch loyalist and co-operator, I have become an uncompromising disaffectionist and non-co-operator. To the Court, too, I should say why I plead guilty to the charge of promoting disaffection towards the Government established by law in India.
My public life began in 1893 in South Africa in troubled weather. My first contact with British authority in that country was not of a happy character. I discovered that as a man and an Indian I had no rights. More correctly, I discovered that I had no rights as a man because I was an Indian.
But I was not baffled. I thought that this treatment of Indians was an excrescence upon a system that was intrinsically and mainly good. I gave the Government my voluntary and hearty co-operation, criticizing it freely where I felt it was faulty, but never wishing its destruction. Consequently, when the existence of the Empire was threatened in 1899 by the Boer challenge, I offered my services to it, raised a volunteer ambulance corps and served at several actions that took place for the relief of Ladysmith. Similarly in 1906, at the time of the Zulu revolt, I raised a stretcher-bearer party and served till the end of the rebellion. On both these occasions I received medals and was even mentioned in despatches. For my work in South Africa I was given by Lord Hardinge a Kaiser-i-Hind Gold Medal. When the War broke out in 1914 between England and Germany, I raised a volunteer ambulance corps in London consisting of the then resident Indians in London, chiefly students. Its work was acknowledged by the authorities to be valuable. Lastly, in India, when a special appeal was made at the War Conference in Delhi in 1918 by Lord Chelmsford for recruits, I struggled at the cost of my health to raise a corps in Kheda and the response was being made when the hostilities ceased and orders were received that no more recruits were wanted. In all these efforts at service, I was actuated by the belief that it was possible by such services to gain a status of full equality in the Empire for my countrymen.
The first shock came in the shape of the Rowlatt Act, a law designed to rob the people of all real freedom. I felt called upon to lead an intensive agitation against it. Then followed the Punjab horrors beginning with the massacre at Jallianwala Bagh and culminating in crawling orders, public floggings and other in- describable humiliations. I discovered, too, that the plighted word of the Prime Minister to the Mussalmans of India regarding the integrity of Turkey and the holy places of Islam was not likely to be fulfilled. But, in spite of the forebodings and the grave warnings of friends, at the Amritsar Congress in 1919, I fought for co-operation and working the Montagu-Chelmsford reforms, hoping that the Prime Minister would redeem his promise to the Indian Mussalmans, that the Punjab wound would be healed and that the reforms, inadequate and unsatisfactory though they were, marked a new era of hope in the life of India.
But all that hope was shattered. The Khilafat promise was not to be redeemed. The Punjab crime was white-washed and most culprits went not only unpunished, but remained in service and some continued to draw pensions from the Indian revenue, and in some cases were even rewarded. I saw, too, that not only did the reforms not mark a change of heart, but they were only a method of further draining India of her wealth and of prolonging her servitude.
I came reluctantly to the conclusion that the British connection had made India more helpless than she ever was before, politically and economically. A disarmed India has no power of resistance against any aggressor if she wanted to engage in an armed conflict with him. So much is this the case that some of our best men consider that India must take generations before she can achieve the Dominion status. She has become so poor that she has little power of resisting famines. Before the British advent, India spun and wove in her millions of cottages just the supplement she needed for adding to her meagre agricultural resources. This cottage industry, so vital for India's existence, has been ruined by incredibly heartless and inhuman processes as described by English witnesses. Little do town-dwellers know how the semi- starved masses of India are slowly sinking to lifelessness. Little do they know that their miserable comfort represents the brokerage they get for the work they do for the foreign exploiter, that the pro- fits and the brokerage are sucked from the masses. Little do they realize that the Government established by law in British India is carried on for this exploitation of the masses. No sophistry, no jugglery in figures can explain away the evidence that the skeletons in many villages present to the naked eye. I have no doubt whatsoever that both England and the town-dwellers of India will have to answer, if there is a God above, for this crime against humanity which is perhaps unequalled in history. The law itself in this country has been used to serve the foreign exploiter. My unbiased examination of the Punjab Martial Law cases has led me to believe that at least ninety-five per cent of convictions were wholly bad. My experience of political cases in India leads one to the conclusion that in nine out of every ten cases the condemned men were totally innocent. Their crime consisted in the love of their country. In ninety-nine cases out of hundred, justice has been denied to Indians as against Europeans in the Courts of India. This is not an exaggerated picture. It is the experience of almost every Indian who has had anything to do with such cases. In my opinion, the administration of the law is thus prostituted consciously or unconsciously for the benefit of the exploiter.
The greatest misfortune is that Englishmen and their Indian associates in the administration of the country do not know that they are engaged in the crime I have attempted to describe. I am satisfied that many English and Indian officials honestly believe that they are administering one of the best systems devised in the world and that India is making steady though slow progress. They do not know that a subtle but effective system of terrorism and an organized display of force on the one hand, and the deprivation of all powers of retaliation or self-defence on the other, have emasculated the people and induced in them the habit of simulation. This awful habit has added to the ignorance and the self-deception of the administrators. Section 124 A under which I am happily charged is perhaps the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen. Affection cannot be manufactured or regulated by law. If one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote or incite to violence. But the section under which Mr. Banker and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under it. I have endeavoured to give in their briefest outline the rea- sons for my disaffection. I have no personal ill will against any single administrator, much less can I have any disaffection to- wards the King's person. But I hold it to be a virtue to be dis- affected towards a Government which in its totality has done more harm to India than any previous system. India is less manly under the British rule than she ever was before. Holding such a belief, I consider it to be a sin to have affection for the system. And it has been a precious privilege for me to be able to write what I have in the various articles tendered in evidence against me.
In fact, I believe that I have rendered a service to India and England by showing in non-co-operation the way out of the unnatural state in which both are living. In my humble opinion, non-co-operation with evil is as much a duty as is co-operation with good. But, in the past, non-co-operation has been deliberately expressed in violence to the evil-doer. I am endeavouring to show to my countrymen that violent non-co-operation only multi- plies evil and that, as evil can only be sustained by violence, withdrawal of support of evil requires complete abstention from violence. Non-violence implies voluntary submission to the penalty for non-co-operation with evil. I am here, therefore, to invite and submit cheerfully to the highest penalty that can be inflicted upon me for what in law is a deliberate crime and what appears to me to be the highest duty of a citizen. The only course open to you, the Judge, is either to resign your post and thus dissociate yourself from evil, if you feel that the law you are called upon to administer is an evil and that in reality I am innocent; or to inflict on me the severest penalty if you believe that the system and the law you are assisting to administer are good for the people of this country and that my activity is, therefore, injurious to the public weal.
COURT: Mr. Banker, do you wish to say anything to the Court as regards the sentences?
MR. BANKER: I only want to say that I had the privilege of printing these articles and I plead guilty to the charge. I have got nothing to say as regards the sentence.
The following is the full text of the judgment:
Mr. Gandhi, you have made my task easy in one way by pleading guilty to the charge. Nevertheless what remains, namely, the determination of a just sentence, is perhaps as difficult a proposition as a judge in this country could have to face. The law is no respecter of persons. Nevertheless, it will be impossible to ignore the fact that you are in a different category from any person I have ever tried or am likely to have to try. It would be impossible to ignore the fact that, in the eyes of millions of your countrymen, you are a great patriot and a great leader. Even those who differ from you in politics look upon you as a man of high ideals and of noble and of even saintly life. I have to deal with you in one character only. It is not my duty and I do not presume to judge or criticize you in any other character. It is my duty to judge you as a man subject to the law, who has by his own admission broken the law and committed what to an ordinary man must appear to be grave offences against the State. I do not forget that you have constantly preached against violence and that you have on many occasions, as I am willing to believe, done much to prevent violence, but having regard to the nature of your political teaching and the nature of many of those to whom it is addressed, how you could have continued to believe that violence would not be the inevitable consequence it passes my capacity to understand.
There are probably few people in India who do not sincerely regret that you should have made it impossible for any Government to leave you at liberty. But it is so. I am trying to balance what is due to you against what appears to me to be necessary in the interests of the public, and I propose, in passing sentence, to follow the precedent of a case, in many respects similar to this case, that was decided some 12 years ago, I mean the case against Mr. Bal Gangadhar Tilak under this same section. The sentence that was passed upon him as it finally stood was a sentence of simple imprisonment for six years. You will not consider it unreasonable, I think, that you should be classed with Mr. Tilak, and that is the sentence, two years' simple imprisonment on each count of the charge, i.e., six years in all, which I feel it my duty to pass upon you and I should like to say in doing so that, if the course of events in India should make it possible for the Government to reduce the period and release you, no one will be better pleased than I.
THE JUDGE (to Mr. Banker): I assume that you have been to a large extent under the influence of your chief. The sentence that I propose to pass upon you is simple imprisonment for six months on each of the first two counts, that is, simple imprisonment for one year and a fine of a thousand rupees on the third count, with six months' simple imprisonment in default.
Mr. Gandhi said:
I would say one word. Since you have done me the honour of recalling the trial of the late Lokamanya Bal Gangadhar Tilak, I just want to say that I consider it to be the proudest privilege and honour to be associated with his name. So far as the sentence itself is concerned, I certainly consider that it is as light as any judge would inflict on me, and so far as the whole proceedings are concerned, I must say that I could not have expected greater courtesy.
Then the friends of Mr. Gandhi crowded round him as the Judge left the court, and fell at his feet. There was much sobbing on the part of both men and women. But all the while Mr. Gandhi was smiling and cool and giving encouragement to everybody who came to him. Mr. Banker also was smiling and taking this in a light-hearted way. After all his friends had taken leave of him, Mr. Gandhi was taken out of the Court to the Sabarmati Jail. And thus the great trial finished.
Young India, 23-3-1922
Source: CWMG Vol. No. 23: Page No. 110
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