In defence of Bhagat Singh

Jinnah held him in high esteem, says a new book, The Trial of Bhagat Singh - Politics of Justice.

The Trial of Bhagat Singh
Politics of Justice
A G Noorani
Oxford University Press
Price Rs 295
PP 337

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Secular or no secular, Mohammad Ali Jinnah made no secret of his sympathies for Indian freedom fighters - Bhagat Singh and others in the Lahore prison - even though their politics and his were poles apart, says a new book.

Jinnah went to the extent of defending Bhagat Singh in his speech in the Central Assembly on September 12, 1929. He held Bhagat Singh and his comrades in high esteem, says the book "The Trial of Bhagat Singh - Politics of Justice" by A G Noorani, a Supreme Court advocate.

Though the fact has been completely ignored in all Indian writings and little noticed in Pakistan, the book says veteran human rights activist I A Rehman, in his collection writes "in his coolly logical and convincing manner he played a major role in foiling the attempt to make trial in absentia unlawful."

"Jinnah created a profound impression by the excellent form in which he argued the case... Jinnah was proceeding in this strain winning applause after applause from the spell bound house," wrote a newspaper from Shimla.

Noorani says Jinnah made no secret of his sympathies for the Lahore prisoners. He discussed the bill and asked the law member whether their would be a trial or it would be a farce.

On the hunger strike by prisoners in Lahore jail, Jinnah said "the man who goes on hunger strike has a soul. He is moved by that soul and he believes in the justice of his cause. He is no ordinary criminal, who is guilty of cold blooded, sordid wicked crime."

The house was adjourned but Jinnah continued his speech in the next sitting and pointed out the anamolies which would arise if the trial of Bhagat Singh and others would proceed in their absence.

"... Is there a judge or jury who would feel that they were administering law or justice in that case?" Later events belied Jinnah's confidence in judiciary "I say that no judge who has got an iota of a judicial mind or a sense of justice can ever be a party to a trial of that character and pass sentence of death without a shudder and pang of conscience..."

Jinnah even traced the development of the law in England over the centuries in order to refute the Government's case. He even pleaded "... I cannot understand the anxiety of the Government to proceed with this trial when these men are inflicting the great possible punishment upon themselves by prolonged fasting... I appeal to you... Show that you are fair, generous, that you are willing to treat these men decently... Give them proper treatment."

In the last words of his speech, he addressed the government, urging it to concentrate on the root cause. "... the more you concentrate on the root cause the less difficulties and inconveniences there will be for you to face... And the money of the taxpayer will not be lost in prosecuting men, nay citizens, who are fighting and struggling for the freedom of their country."

There was no mistaking Jinnah's high esteem for Bhagat Singh and his comrades.

However, on March 23, 1931 Bhagat Singh and two of his associates were hanged at the Lahore Central Jail. This was the culmination of the Lahore conspiracy case, one of the most controversial trials to take place in India under the Raj.

The book further reveals how the executive and the legislative branches of the British government in India conspired to ensure miscarriage of justice.

With a new introduction that also incorporates new archival material, the book reproduces for the first time excerpts from Bhagat Singh's notebook which he maintained while under sentence of death.