6

Jul

A slice of History

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By Amitabh Srivastava

At a time when the Supreme Court is seized of the issue of revisiting the Sedition Law it's important to recall that Mahatma Gandhi, who went to jail for six years under it in 1922 called it the 'Prince' among the IPC

Mahatma Gandhi was not the first Indian to be charged under the Sedition Act of 1870 better known as Section 124 A but he is important for us as journalists because he was charged for writing three articles published in Young India "Tampering with Loyalty", "The puzzle and its solution" and " Shaking the Manes" in 1921 and 1922. He being the a Editor and Shankarlal Banker the Printer were in court as is the practice till today.The trial was held on 18th March 1922 in the court of CN BoA slice of Histoyomfield, ICS District and Session Judge, Ahmedabad.

Instead of taking the help of lawyers Mahatma Gandhi said he wanted to represent his case himself and in retrospect we are so lucky to have his full statement on the issue.
At the outset he admitted politely that he admitted to all the charges. 

Let me reproduce Gandhi in his own words
"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."

And those illiterate politicians and others of the Gen Next who make fun of Gandhi's fetish for non-violence and try to pit him against Bhagat Singh or Subhash Chandra Bose must read further...
"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. 

And then came the Master Stroke in the form of a challenge to the Judge-
"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."
At the end of the day the Judge was as apologetic in passing a judgment as Gandhi was keen that he should not get any leniency.
"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."

Finally he was handed a six year term in jail by quoting the precedent of Bal Gangadhar Tilak tried under the same charges 12 years before him. Gandhi went on to thank the Judge for placing him in the same class as Tilak.
 

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