Statement in the Great Trial of 1922 (1)

7/26/2019 Statement in the Great Trial of 1922 (1)

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Statement In The Great Trial Of 1922

March 18, 1922

[The historical trial of Mahatma Gandhi and Shri Shankarlal Ghelabhai Banker, editor, and printer and

publisher respectivel of !oun" #ndia, on char"es under Section 12$ % of the #ndian &enal 'ode, (as held

on Saturda, 18th March 1922, before Mr) ') *) Broomfield, #) ') S), +istrict and Sessions ud"e,

%hmedabad)-

Sir ) T) Stran"man, %dvocate.General, (ith /ao Bahadur Girdharlal 0ttamram, &ublic &rosecutor of%hmedabad, appeared for the 'ro(n) Mr) %) ') ild, /emembrance of e"al %ffairs, (as also present)

Mahatma Gandhi and Shri Shankarlal Banker (ere undefended)%mon" the members of the public (ho (ere present on the occasion (ere 3 4asturba Gandhi, Saro5ini

*aidu, &andit M) M) Malavia, Shri *) ') 4elkar, Smt) ) B) &etit, and Smt) %nasuaben Sarabhai)

The ud"e, (ho took his seat at 12 noon, said that there (as sli"ht mistake in the char"es (ere then read outb the /e"istrar) These char"es (ere of 6brin"in" or attemptin" to e7cite disaffection to(ards is Ma5ests

Government established b la( in British #ndia, and thereb committin" offences punishable under Section

12$ % of the #ndian &enal 'ode,: the offences bein" in three articles published in !oun" #ndia of September

29 and +ecember 1; of 1921, and and second, 6The &u??le and its Solution:, and the last (as 6Shakin"

the Manes:)The ud"e said that the la( re@uired that the char"es should not be read out but e7plained) #n this case it(ould not be necessar for him to sa much b (a of e7planation) The char"e in each case (as that of

brin"in" or attemptin" to e7cite into hatred or contempt or e7citin" or attemptin" to e7cite disaffection

to(ards is Ma5ests Government, established b la( in British #ndia) Both the accused (ere char"ed (iththe three offences under Section 12$ %, contained in the articles read out, (ritten b Mahatma Gandhi and

printed b Shri Banker)

The char"es havin" been read out, the ud"e called upon the accused to plead to the char"es) e askedGandhi5i (hether he pleaded "uilt or claimed to be tried)

Gandhi5i said 3 6# plead "uilt to all the char"es) # observe that the 4in"s name has been omitted from the

char"e, and it has been properl omitted):-

The ud"e asked Shri banker the same @uestion and he too readil pleaded "uilt)The ud"e (ished to "ive his verdict immediatel after Gandhi5i had pleaded "uilt, but Sir Stran"man

insisted that the procedure should be carried out in full) The %dvocate.General re@uested the ud"e to take

into account 6the occurrences in Bomba, Malabar and 'hauri 'haura, leadin" to riotin" and murder:) eadmitted, indeed, that 6in these articles ou find that non.violence is insisted upon as an item of the

campai"n and of the creed,: but the added 6of (hat value is it to insist on non.violence, if incessantl ou

preach disaffection to(ards the Government and hold it up as a treacherous Government, and if ou openland deliberatel seek to insti"ate others to overthro( itA: These (ere the circumstances (hich he asked the

ud"e to take into account in passin" sentence on the accused)

%s re"ards Shri Banker, the second accused, the offence (as lesser) e did the publication but did not (rite)

Sir Stran"mans instructions (ere that Shri Banker (as a man of means and he re@uested the court to

impose a substantial fine in addition to such term of imprisonment as mi"ht be inflicted upon)Court :Mr) Gandhi, do ou (ish to make an statement on the @uestion of sentenceA

Gandhiji :# (ould like to make a statement)

Court : 'ould ou "ive me in (ritin" to put it on recordA

Gandhiji :# shall "ive it as soon as # finish it)

Gandhi5i then made the follo(in" oral statement follo(ed b a (ritten statement that he read)-Before # read this statement # (ould like to state that # entirel endorse the learned %dvocate.Generals

remarks in connection (ith m humble self) # think that he has made, because it is ver true and # have no


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desire (hatsoever to conceal from this court the fact that to preach disaffection to(ards the e7istin" sstem

of Government has become almost a passion (ith me, and the %dvocate.General is entirel in the ri"ht

(hen he sas that m preachin" of disaffection did not commence (ith m connection (ith !oun" #ndia butthat it commenced much earlier, and in the statement that # am about to read, it (ill be m painful dut to

admit before this court that it commenced much earlier than the period stated b the %dvocate.General) #t is

a painful dut (ith me but # have to dischar"e that dut kno(in" the responsibilit that rests upon m

shoulders, and # (ish to endorse all the blame that the learned %dvocate.General has thro(n on m

shoulders in connection (ith the Bomba occurrences, Madras occurrences and the 'hauri 'hauraoccurrences) Thinkin" over these thin"s deepl and sleepin" over them ni"ht after ni"ht, it is impossible for

me to dissociate mself from the diabolical crimes of 'hauri 'haura or the mad outra"es of Bomba) e is@uite ri"ht (hen he sas, that as a man of responsibilit, a man havin" received a fair share of education,

havin" had a fair share of e7perience of this (orld, # should have kno(n the conse@uences of ever one of

m acts) # kno( them) # kne( that # (as plain" (ith fire) # ran the risk and if # (as set free # (ould still dothe same) # have felt it this mornin" that # (ould have failed in m dut, if # did not sa (hat # said here 5ust

no()

# (anted to avoid violence) *on.violence is the first article of m faith) #t is also the last article of m creed)

But # had to make m choice) # had either to submit to a sstem (hich # considered had done an irreparableharm to m countr, or incur the risk of the mad fur of m people burstin" forth (hen the understood the

truth from m lips) # kno( that m people have sometimes "one mad) # am deepl sorr for it and # am,therefore, here to submit not to a li"ht penalt but to the hi"hest penalt) # do not ask for merc) # do notplead an e7tendin" act) # am here, therefore, to invite and cheerfull submit to the hi"hest penalt that can

be inflicted upon me for (hat in la( is a deliberate crime, and (hat appears to me to be the hi"hest dut of a

citi?en) The onl course open to ou, the ud"e, is, as # am "oin" to sa in m statement, either to resi"nour post, or inflict on me the severest penalt if ou believe that the sstem and la( ou are assistin" to

administer are "ood for the people) # do not e7cept that kind of conversion) But b the time # have finished

(ith m statement ou (ill have a "limpse of (hat is ra"in" (ithin m breast to run this maddest risk (hicha sane man can run)

[e then read out the (ritten statement 3 -

# o(e it perhaps to the #ndian public and to the public in n"land, to placate (hich this prosecution is

mainl taken up, that # should e7plain (h from a staunch loalist and co.operator, # have become anuncompromisin" disaffectionist and non.co.operator) To the court too # should sa (h # plead "uilt to the

char"e of promotin" disaffection to(ards the Government established b la( in #ndia)

M public life be"an in 189= in South %frica in troubled (eather) M first contact (ith British authorit inthat countr (as not of a happ character) # discovered that as a man and an #ndian, # had no ri"hts) More

correctl # discovered that # had no ri"hts as a man because # (as an #ndian)

But # (as not baffled) # thou"ht that this treatment of #ndians (as an e7crescence upon a sstem that (asintrinsicall and mainl "ood) # "ave the Government m voluntar and heart co.operation, critici?in" it

freel (here # felt it (as fault but never (ishin" its destruction)

'onse@uentl (hen the e7istence of the mpire (as threatened in 1899 b the Boer challen"e, # offered m

services to it, raised a volunteer ambulance corps and served at several actions that took place for the relief

of adsmith) Similarl in 19CD, at the time of the Eulu Frevolt, # raised a stretcher bearer part and servedtill the end of the Frebellion) n both the occasions # received medals and (as even mentioned in

dispatches)


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(anted) #n all these efforts at service, # (as actuated b the belief that it (as possible b such services to

"ain a status of full e@ualit in the mpire for m countrmen)

The first shock came in the shape of the /o(latt %ct.a la( desi"ned to rob the people pf all real freedom) #felt called upon to lead an intensive a"itation a"ainst it) Then follo(ed the &un5ab horrors be"innin" (ith

the massacre at allian(ala Ba"h and culminatin" in cra(lin" orders, public flo""in" and other

indescribable humiliations) # discovered too that the pli"hted (ord of the &rime Minister to the Mussalmans

of #ndia re"ardin" the inte"rit of Turke and the hol places of #slam (as not likel to be fulfilled) But in

spite of the forebodin"s and the "rave (arnin"s of friends, at the %mritsar 'on"ress in 1919, # fou"ht for co.operation and (orkin" of the Monta"u.'hemlmsford reforms, hopin" that the &rime Minister (ould redeem

his promise to the #ndian Mussalmans, that the &un5ab (ound (ould be healed, and that the reforms,inade@uate and unsatisfactor thou"h the (ere, marked a ne( era of hope in the life of #ndia)

But all that hope (as shattered) The 4hilafat promise (as not to be redeemed) The &un5ab crime (as

(hite(ashed and most culprits (ent not onl unpunished but remained in service, and some continued todra( pensions from the #ndian revenue and in some cases (ere even re(arded) # sa( too that not onl did

the reforms not mark a chan"e of heart, but the (ere onl a method of further rainin" #ndia of her (ealth

and of prolon"in" her servitude)

# came reluctantl to the conclusion that the British connection had made #ndia more helpless than she ever(as before, politicall and economicall) % disarmed #ndia has no po(er of resistance a"ainst an a""ressor

if she (anted to en"a"e, in an armed conflict (ith him) So much is this the case that some of our best menconsider that #ndia must take "enerations, before she can achieve +ominion Status) She has become so poorthat she has little po(er of resistin" faminies) Before the British advent #ndia spun and (ove in her millions

of cotta"es, 5ust the supplement she needed for addin" to her mea"er a"ricultural resources) This cotta"e

industr, so vital for #ndias e7istence, has been ruined b incredibl heartless and inhuman processes asdescribed b n"lish (itness) ittle do to(n d(ellers ho( the semi.starved masses of #ndia are slo(l

sinkin" to lifelessness) ittle do the kno( that their miserable comfort represents the brokera"e the "et for

their (ork the do for the forei"n e7ploiter, that the profits and the brokera"e are sucked from the masses)ittle do reali?e that the Government established b la( in British #ndia is carried on for this e7ploitation of

the masses) *o sophistr, no 5u""ler in fi"ures, can e7plain a(a the evidence that the skeletons in man

villa"es present to the naked ee) # have no doubt (hatsoever that both n"land and the to(n d(eller of

#ndia (ill have to ans(er, if there is a God above, for this crime a"ainst humanit, (hich is perhapsune@ualled in histor) The la( itself in this countr has been used to serve the forei"n e7ploiter) M

unbiased e7amination of the &un5ab Marital a( cases has led me to believe that at least ninet.five per cent

of convictions (ere (holl bad) M e7perience of political cases in #ndia leads me to the conclusion, in nineout of ever ten, the condemned men (ere totall innocent) Their crime consisted in the love of their

countr) #n ninet.nine cases out of hundred, 5ustice has been denied to #ndians as a"ainst uropeans in the

courts of #ndia) This is not an e7a""erated picture) #t is the e7perience of almost ever #ndian (ho has hadanthin" to do (ith such cases) #n m opinion, the administration of the la( is thus prostituted, consciousl

or unconsciousl, for the benefit of the e7ploiter)

The "reater misfortune is that the n"lishmen and their #ndian associates in the administration of the

countr do not kno( that the are en"a"ed in the crime # have attempted to describe) # am satisfied that

man n"lishmen and #ndian officials honestl sstems devised in the (orld, and that #ndia is makin"stead, thou"h, slo( pro"ress) The do not kno(, a subtle but effective sstem of terrorism and an or"ani?ed

displa of force on the one hand, and the deprivation of all po(ers of retaliation or self.defence on the other,as emasculated the people and induced in them the habit of simulation) This a(ful habit has added to the

i"norance and the self.deception of the administrators) Section 12$ %, under (hich # am happil char"ed, is

perhaps the prince amon" the political sections of the #ndian &enal 'ode desi"ned to suppress the libert ofthe citi?en) %ffection cannot be manufactured or re"ulated b la() #f one has no affection for a person or

sstem, one should be free to "ive the fullest e7pression to his disaffection, so lon" as he does not


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contemplate, promote, or incite to violence) But the section under (hich mere promotion of disaffection is a

crime) # have studied some of the cases tried under it> # kno( that some of the most loved of #ndias patriots

have been convicted under it) # consider it a privile"e, therefore, to be char"ed under that section) # haveendeavored to "ive in their briefest outline the reasons for m disaffection) # have no personal ill.(ill

a"ainst an sin"le administrator, much less can # have an disaffection to(ards the 4in"s person) But # hold

it to be a virtue to be disaffected to(ards a Government (hich in its totalit has done more harm to #ndia

than an previous sstem) #ndia is less manl under the British rule than she ever (as before) oldin" such

a belief, # consider it to be a sin to have affection for the sstem) %nd it has been a precious privile"e for meto be able to (rite (hat # have in the various articles tendered in evidence a"ainst me)

#n fact, # believe that # have rendered a service to #ndia and n"land b sho(in" in non.co.operation the(a out of the unnatural state in (hich both are livin") #n m opinion, non.co.operation (ith evil is as much

a dut as is co.operation (ith "ood) But in the past, non.co.operation has been deliberatel e7pressed in

violence to the evil.doer) # am endeavorin" to sho( to m countrmen that violent non.co.operation onlmultiples evil, and that as evil can onl be sustained b violence, (ithdra(al of support of evil re@uires

complete abstention from violence) *on.violence implies voluntar submission to the penalt for non.co.

operation (ith evil) # am here, therefore, to invite and submit cheerfull to the hi"hest penalt that can be

inflicted upon me for (hat in la( is deliberate crime, and (hat appears to me to be the hi"hest dut of aciti?en) The onl course open to ou, the ud"e and the assessors, is either to resi"n our posts and thus

dissociate ourselves from evil, if ou feel that the la( ou are called upon to administer is an evil, and thatin realit # am innocent, or to inflict on me the severest penalt, if ou believe that the sstem and the la(ou are assistin" to administer are "ood for the people of this countr, and that m activit is, therefore,

in5urious to the common (eal)

Mahatma, Vol. II, (1951) pp. 129-33This speech is from selected works of Mahatma a!dhi Vol"me-#i$

The Voice of Tr"th %art-I some &amo"s #peech pa'e 1 to 2


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We are all seditious now, but when did this start?

+'MB/ D, 2C1C

a's 'olonial istor,Gandhi Trial,sedition,Tilak Trial, e %re %ll Seditious *o(

b a(rence ian"

am afraid that "!like i! #hola*, where the repl* to a++ars "estio! a!d i! o"r time, the repl* toNiveditas

questionwo"ld hae to +e more tha! /0o sarkar. "t re'ardless of the rather lar'e !"m+ers, 'ie! the e$treme

!ero"s!ess which prompts a law like seditio!, hopef"ll*, the* will still ret"r! to the sarkar, khaali haath.

s a part of the e %re %ll Seditiousseries, I am posti!' three '"est posts writte! +* SI!"#T!

$"##"I$which proides "s with a! oeriew of the histor* a!d the politics of seditio! law i! I!dia. The first i!

he series looks at three maor trials, a!dhis trial a!d those of Tilak a!d #hiekh +d"llah.

isaffe%tion and the State: the &aw of Sedition in India

The controvers over the demand to slap the char"e of sedition a"ainst %rundhati /o, Sed %li Shah Geelani,Haravara /ao, and others (ho spoke at a seminar titled F%?adi, the nl a or"ani?ed b the 'ommittee for

the /elease of &olitical &risoners in Srina"ar, has once a"ain hi"hli"hted the problems (ith this archaic and

anti.democratic sedition la()/o has defended her speech publicl as comin" from love and pride for the countr and 6from not (antin"

people to be killed, raped, imprisoned or have their fin"er.nails pulled out in order to force them to sa the are

#ndians:) hile the media has reported that the 'entral Government (as not in favour of initiatin" proceedin"s

in this case, there are reports thou"h of cases havin" been filed in *e( +elhi, and threats of cases bein" filed inother parts of the countr a"ainst /o, Geelani and others (ho spoke at the seminar for their inflammator

statements)

% brief outline of the histor of sedition la( in #ndia is useful in understandin" the scope and limits of the la()Section 12$.% of the #ndian &enal 'ode I#&'J, as it stands toda, reads3

4hoeer, +* words, either spoke! or writte!, or +* si'!s, or +* isi+le represe!tatio!, or otherwise, +ri!'s or

attempts to +ri!' i!to hatred or co!tempt, or e$cites or attempts to e$cite disaffectio! towards the oer!me!testa+lished +* law i! I!dia6, shall +e p"!ished with impriso!me!t for life6, to which fi!e ma* +e added, or

with impriso!me!t which ma* e$te!d to three *ears, to which fi!e ma* +e added, or with fi!e.

7$pla!atio! 1 8 The e$pressio! disaffectio!: i!cl"des dislo*alt* a!d all feeli!'s of e!mit*.7$pla!atio! 2 8 ;omme!ts e$pressi!' disappro+atio! of the meas"res of the attempti!' to e$cite hatred,

co!tempt or disaffectio!, do !ot co!stit"te a! offe!ce "!der this sectio!.7$pla!atio! 3 8 ;omme!ts e$pressi!' disappro+atio! of the admi!istratie or other actio! of the oer!me!t

witho"t e$citi!' or attempti!' to e$cite hatred, co!tempt or disaffectio!, do !ot co!stit"te a! offe!ce "!der thissectio!.

This la( (as introduced in #ndia in 18KC in response to increasin" ahabi activities bet(een 18D= and 18KC),

This la( (as amended in 1898 and, accordin" to %rvind Ganachari the frame(ork of this section (as importedfrom various sources. the Treason


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Bet(een 18KC and 1898, the British sou"ht to suppress criticism throu"h t(o le"islations AA: the +ramatic

&erformances %ct, 18KD that introduced pre.censorship of theatre, and the Hernacular &ress %ct of 18K8 meant

to control publishers and printers of the native press b introducin" a sstem of securit)The section correspondin" to s) 12$% (as ori"inall s) 11= of Macaulas +raft &enal 'ode of 18=K.=9, but the

section (as omitted from the #ndian &enal 'ode as it (as enacted in 18DC) This (as a peculiar decision, "iven

the circumstances of the


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M"ch of the o"tcr* rests "po! its s"pposed dier'e!ce from the law of 7!'la!d o! seditio"s li+el, a!d o! the

assertio! that the law as settled i! 1@


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The trial of Gandhi

The most famous sedition trial after Tilaks (as the trial of Mohandas Gandhi in 1922) Gandhi (as char"ed,

alon" (ith Shankerlal Banker, the proprietor of !oun" #ndia, for three articles published in the ma"a?ine)The trial, (hich (as attended b the most prominent political fi"ures of that time, (as follo(ed closel b the

entire nation) The trial (as presided over b ud"e Stran"man) Gandhi e7plained to the 5ud"e (h from bein"

a staunch roalist, he had become an uncompromisin" disaffectionist and non.cooperator, and (h it (as his

moral dut to disobe the la()

#n a stunnin" statement, Gandhi commented on the la( that (as used to tr him)..#ectio! 12 "!der which I am happil* char'ed is perhaps the pri!ce amo!' the political sectio!s of the I%;

desi'!ed to s"ppress the li+ert* of the citiCe!. ffectio! ca!!ot +e ma!"fact"red or re'"lated +* the law. If o!ehas !o affectio! for a perso!, o!e sho"ld +e free to 'ie the f"llest e$pressio! to his disaffectio!, so lo!' as he

does !ot co!template, promote or i!cite to iole!ce. "t the sectio! "!der which Mr. a!ker a!d I are char'ed

is o!e "!der which mere promotio! of disaffectio! is a crime. I hae st"dies some of the cases tried "!der it,a!d I k!ow that some of the most loed of I!dias patriots hae +ee! co!icted "!der it. I co!sider it a

priile'e, therefore, to +e char'ed "!der that sectio!. I hae e!deao"red to 'ie i! their +riefest o"tli!e the

reaso!s for m* disaffectio!. I hae !o perso!al ill-will a'ai!st a!* si!'le admi!istrator, m"ch less ca! I hae

a!* disaffectio! towards the Di!'s perso!. "t I hold it a irt"e to +e disaffected towards a oer!me!t whichi! its totalit* has do!e more harm to I!dia tha! preio"s s*stemE

The trial of Shei)h "bdullahThe trial of Sheikh %bdullah in 19$D b the /a5a ari Sin"h in 4ashmir is another e7ample of the use ofsedition la(s before independence to mu??le political opinion) %bdullah had be"un to challen"e the validit of

the historical basis of British rule in 4ashmir) Specificall, he @uestioned the manner in (hich 4ashmir had

been Fbou"ht from the British b /a5a Gulab Sin"h throu"h the infamous Treat of %mritsar of 18$D)%bdullah recalled the revolt of Sheikh #mmamuddin, the Governor of 4ashmir appointed b the Sikh rulers at

the time, (ho had refused to hand over the valle to Gulab Sin"h) The British had to intervene militaril before

the transfer took place) %bdullah sent a (ire to the 'abinet Mission, (hich (as visitin" #ndia then to (ork outthe modalities of British (ithdra(al from the subcontinent, sain" that the sale deed to Gulab Sin"h could not

be e@uated to a treat, and that 4ashmir (as a uni@ue case (here the people could claim freedom on the

(ithdra(al of British forces)

%bdullah also delivered a series of speeches at the time linkin" these to the FLuit #ndia movement) ari Sin"hhad %bdullah arrested as he (as makin" his (a to *e( +elhi) The defense in this case (as led b %saf %li, a

prominent la(er at the time, but (as convicted b the court) %bdullahs arrest and subse@uent led to a sur"e in

popular opinion in his favour)(#iddharth ?arrai! is a le'al researcher with lter!atie =aw &or"m, a!'alore, Dar!ataka, I!dia)

Documents

Statement in the Great Trial of 1922 (1)