At the end of the war, the government of
British India brought some of the captured INA soldiers to trial on treason
charges. The prisoners would potentially face the death penalty, life
imprisonment or a fine as punishment if found guilty. Between November 1945 and
May 1946, approximately ten courts-martial were held. The first of these, and
the most celebrated one, was the joint court-martial of Colonel Prem Sahgal,
Colonel Gurubaksh Singh Dhillon and Major General Shah Nawaz Khan held in a
public trial at the Red Fort, Delhi, British India. Nearly all the defendants
in the first trial were charged with Waging
war against the King-Emperor (the charge of treason did not exist in the
Indian Army Act, 1911) as well as torture, murder and abetment to murder. The
three defendants were defended by the INA Defence Committee which was formed by
the Congress and included legal luminaries of India including Jawaharlal Nehru,
Bhulabhai Desai, Kailashnath Katju, [Asaf Ali]. The trials covered a wide array
of arguments based on military law, constitutional law, international law, and
politics and much of the initial defense propose the argument that they should
be treated as prisoners of war as they were not paid mercenaries but bona fide soldiers of a legal
government, the Provisional Government of Free India, or the Arzi Hukumate Azad Hind, "however misinformed
or otherwise they had been in their notion of patriotic duty towards their
country" and as such they recognized the free Indian state as their
sovereign and not the British sovereign. Those charged later only faced trial
for torture and murder or abutment of murder.
These trials attracted a lot of publicity,
and sympathy for the defendants who were perceived as patriots in India. The
Indian National Congress and the Muslim League made the release of the three
defendants an important political issue at the time of the agitation for
independence of 1945–6. Beyond the concurrent campaigns of noncooperation and
nonviolent protest, this spread to include mutinies and wavering support within
the British Indian Army. This movement marked the last major campaign in which
the forces of the Congress and the Muslim League aligned together; the Congress
tri-colour and the green flag of the League were flown together at protests.
This was one event where both Hindus and Muslims put aside their differences
for a universal concern and fought together without any bias. This showed that
although Netaji’s military conquests might not have been as potent as he had
hoped, he did succeed in bringing the country together, and in the long run
that could be seen as a major success in the face of times that were as
difficult and trying as they were corrupt and wrought with hatred. In spite of
this aggressive and widespread opposition, the court martial was carried out,
and all three defendants were sentenced to deportation for life. This sentence,
however, was never carried out, as the immense public pressure of the
demonstrations and riots forced Claude Auchinleck, Commander-in-Chief of the
Indian Army, to release all three defendants. Within three months, 11,000
soldiers of the INA were released after cashiering and forfeiture of pay and
allowance. On the recommendation of Lord Mountbatten of Burma, and agreed by
Nehru, as a condition for independence the INA soldiers were not re-inducted
into the Indian Army.
In conclusion, it is clear that Subhas
Chandra Bose’s contribution to an India that is today independent and unique is
immense. He had the courage to confront insurmountable odds and remain true to
his purpose. His birthday is still celebrated with a lot of joy and fervour.
There are numerous stories, some real and some mythical, that are told about
his heroic deeds and his power to mobilize and inspire the youth of the country
to action and freedom. Even the Indian National Congress and the Muslim league
fought together and whole-heartedly to insure that the soldiers of the INA
could be spared from being sentenced to death.
By. Hridaynag Kooretti
LE-3
60307
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