#ForgottenHeroes
Delivered for 10 hours non-stop, Bhulabhai Desai's stirring defense of three #INA soldiers under trial had a profound impact on India's struggle for independence.
MKG was such a shameless creature that, when Desai was on his death bed, he went to meet him &
Delivered for 10 hours non-stop, Bhulabhai Desai's stirring defense of three #INA soldiers under trial had a profound impact on India's struggle for independence.
MKG was such a shameless creature that, when Desai was on his death bed, he went to meet him &
did not speak a single word citing his "Maunavrata".
Thanks to Teesta Setalvad’s grandfather, Chaman Lal, he extensively wrote how Gandhi and Congress let down a great patriot.
When he met the 3 INA Soldiers, he told them "I am your defence councel, either you will be saved or
Thanks to Teesta Setalvad’s grandfather, Chaman Lal, he extensively wrote how Gandhi and Congress let down a great patriot.
When he met the 3 INA Soldiers, he told them "I am your defence councel, either you will be saved or
meeting the sentence but we will not compromise the ideals for which Netaji and your army stood for".
Desai’s Argument - The position now is that international law has reached this stage that if liberty and democracy are to have any meaning all over the world, and not merely
Desai’s Argument - The position now is that international law has reached this stage that if liberty and democracy are to have any meaning all over the world, and not merely
just for a part of it, and this is not politics, it is law — any war made for the purpose of liberating oneself from foreign yoke is completely justified by modern international law. And it will be a travesty of justice if we were to be told as a result of any decision arrived
at here or otherwise, that the Indian may go as a soldier and fight for the freedom of England against Germany, for England against Italy, for England against Japan, and yet a stage may not be reached when a free Indian State may not wish to free itself from any country,
including England itself.
Once the prosecution was done making its case, CDC Desai took the floor. Over the course of 10 hours spread across two days, Desai presented a stirring defence without any interruption or notes, which among other aspects included “probably the first
Once the prosecution was done making its case, CDC Desai took the floor. Over the course of 10 hours spread across two days, Desai presented a stirring defence without any interruption or notes, which among other aspects included “probably the first
legal argument before any court in the world which sought to establish the legal right of an enslaved nation to wage a war of national liberation against its foreign ruler.”
“His argument was that the issues at hand were matters for public international law, not British Indian
“His argument was that the issues at hand were matters for public international law, not British Indian
municipal law. He argued, first, that the Indian National Army was a properly constituted and self-governing army, run by Indian officers, with its own disciplinary code, ranks, uniforms and regalia, just like the British-run Indian Army on which it was closely modelled.
It had two aims: the liberation of India from British rule, and the protection of Indian populations in Burma and Malaya, especially during the war.
Going further, Desai went onto argue that the INA fought on behalf of the Provisional Government of Free India, which complied
Going further, Desai went onto argue that the INA fought on behalf of the Provisional Government of Free India, which complied
with all the requirements of a proper state—control over resources, territories including the Andaman and Nicobar Islands albeit for 18 months, finances and the fact that they even enacted their own laws.
Moreover, the Free India govt was recognised as a sovereign govt by Japan
Moreover, the Free India govt was recognised as a sovereign govt by Japan
and a number of her allies, following which it had declared war on Britain and this meant it could assume the rights of a belligerent state. What Desai essentially did was turn the treason argument on its head on the point that under international law an enslaved nation has a
right to engage in battle for the overthrow of a foreign ruler.
“Shri Desai submitted that it was a settled position in International Law that when two governments are at war with each other, the combatants acquire the status of belligerents, and the soldiers cannot be punished
“Shri Desai submitted that it was a settled position in International Law that when two governments are at war with each other, the combatants acquire the status of belligerents, and the soldiers cannot be punished
for murder, and other offences under the municipal laws. The matter passes from the domain of municipal law to that of international law. Amidst the clash of arms, the ordinary criminal law becomes silent. Consequently, he submitted, the charged I.N.A. officers were entitled to
be treated as POWs,”
Despite the stirring defence put forward by Desai and his team, the court found all 3 guilty of treason and one guilty of abetment to murder on 31 December 1945. The sentence delivered on 3 January 1946, did not mandate execution of the three officers, but
Despite the stirring defence put forward by Desai and his team, the court found all 3 guilty of treason and one guilty of abetment to murder on 31 December 1945. The sentence delivered on 3 January 1946, did not mandate execution of the three officers, but
they were summarily dismissed from service, ordered to forfeit all their pay and allowances, and sentenced to transportation
Why Bhulabhai was backstabbed?
M.K Gandhi was convinced that the British would not grant independence to India unless & until the Congress and Muslim
Why Bhulabhai was backstabbed?
M.K Gandhi was convinced that the British would not grant independence to India unless & until the Congress and Muslim
League reach some conclusion on the future of the Country or the immediate formation of the Interim National Government. Hence, Gandhi directed Bhulabhai Jivanji Desai to make another attempt to appease the league leaders and find a way out of the 1942-45 political deadlocks.
Desai being the leader of the Congress in the Central Assembly and a friend of Liaquat Ali (Leader of Muslim League), met him in January 1945 gave him proposals for the formation of Interim Government at centre. After Desai’s declaration, Liaquat Ali published the list of an
agreement which given below:
• Nomination of equal number of persons by both in the Central Executive.
• Representation of the minorities in particular of the Schedule caste & the Sikhs.
• The govt was to be formed and was to function with the framework of the existing
• Nomination of equal number of persons by both in the Central Executive.
• Representation of the minorities in particular of the Schedule caste & the Sikhs.
• The govt was to be formed and was to function with the framework of the existing
Govt of India Act, 1935.
When a press report leaked the prospective deal in 1945, the respective parties were alarmed. While Desai presented full information to Gandhi, Jinnah outrightly rejected any agreements, and Liaquat denied that such a pact was being negotiated.
When a press report leaked the prospective deal in 1945, the respective parties were alarmed. While Desai presented full information to Gandhi, Jinnah outrightly rejected any agreements, and Liaquat denied that such a pact was being negotiated.
Desai's assertion that a deal had been reached was ridiculed by the League, while Congress leaders were angry at him for conducting such negotiations without informing them. Desai would lead a major effort in March 1945 to get the House to defeat the unpopular war budget, but he
had lost political standing in his own party owing to the fallout of the Desai-Liaquat pact.
Bhulabhai died on 6 May 1946. Shahnawaz khan who was one among those 3 officers in INA who was accused in death sentence of INA trials was on his death bed. Bhulabhai told him that
Bhulabhai died on 6 May 1946. Shahnawaz khan who was one among those 3 officers in INA who was accused in death sentence of INA trials was on his death bed. Bhulabhai told him that
"I am relieved now as I have saved you. Follow the ideals of your leader Netaji subhash chandra bose and I know in the end Netaji will trimuph, as I am fully convinced that he is alive".
#JaiHind
#VANDEMATARAM
#JaiHind
#VANDEMATARAM
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