The Mahatma Gandhi Assassination Case and SC Update Amaresh Patel LANDMARK JUDGMENT Wed, Oct 02, 2019, at ,01:42 PM Title of the Case – The Gandhi Assassination Case Name of the case – Nathu Ram vs. The Crown., 1949 CriLJ 834 (Punjab & Haryana High Court) Date of Judgment – 24th March 1949 Judges: Chief Justice G.D. Khosla and Justice Harnam Singh Subject and sections involved – Gandhi Murder Case. Section 302 IPC Issue: Whether Nathu Ram Godse conspired with other seven accused in Gandhi Murder Case? Fact of the Case: Mohandas Karam Chandra Gandhi was assassinated by Nathu Ram Godse on 30th January 1948 in the compound of Birla House (now Gandhi Smriti), a large mansion in New Delhi. Godse fired three bullets into Gandhi’s chest and abdomen at point blank range. The murder trial begain in May 1948 Accused to the case was Nathu Ram Godse, Narayan Apte, Digambar Badge, Shankar Kistayya, Dattatraya Parchure, Vishnu Karkare, Madaniai Pahwa, Gopal Godse and Vinayak Damodar Savarkar. Click Here to Get All Important Judgment of the Month Ratio of the Case: The appeal was heard in Shimla, which was then housed the Punjab High Court. There were difference in the appeal of those found guilty. All except Godse appealed their conviction and the sentence, but Godse accepted their sentence and appealed only on the ground of conspiracy. The Godse appeal was the there was no conspiracy and he alone should be held responsible for the assassination because it was him only the witness saw killing Gandhi. The High Court uphold the findings and sentence imposed by lower court. Godse and Apte wee sentenced to death on 8th November 1949. Chief Justice G D Khosla, later, wrote in his book The Murder of the Mahatma, “I have no doubt that had the audience of that day been constituted into a jury and entrusted with the task of deciding Godse’s appeal, they would have brought in a verdict of ‘not guilty’ by an overwhelming majority”. But to quote Godse, his life also came to an end simultaneously with the shots fired by him at Gandhiji. And the reasons for the trial done in secrecy and the authorities’ reluctance to reveal before the public Godse’s replays to the charges leveled against him still remain something enigmatic. He walked away to the gallows, carrying with him in his hands the Bhagavad Gita, the map of undivided Hindustan and a Saffron flag. Click Here to Get Magazine for Preparation of PCS J and Other Competitive Exams Prime Minister Nehru Address to Nation “Friends and comrades, the light has gone out of our lives, and there is darkness everywhere, and I do not quite know what to tell you or how to say it. Our beloved leader, Bapu as we called him, the father of the nation, is no more. Perhaps I am wrong to say that; nevertheless, we will not see him again, as we have seen him for these many years, we will not run to him for advice or seek solace from him, and that is a terrible blow, not only for me, but for millions and millions in this country.” British Prime Minister Clement Attlee Address to the Nation through Radio “Everyone will have learnt with profound horror of the brutal murder of Mr Gandhi and I know that I am expressing the views of the British people in offering to his fellow-countrymen our deep sympathy in the loss of their greatest citizen. Mahatma Gandhi, as he was known in India, was one of the outstanding figures in the world today, ... For a quarter of a century this one man has been the major factor in every consideration of the Indian problem.” Famous Scientist Albert Einstein Wrote He died as the victim of his own principles, the principle of non-violence. He died because in time of disorder and general irritation in his country, he refused armed protection for himself. It was his unshakable belief that the use of force is an evil in itself, that therefore it must be avoided by those who are striving for supreme justice to his belief. With his belief in his heart and mind, he has led a great nation on to its liberation. He has demonstrated that a powerful human following can be assembled not only through the cunning game of the usual political manoeuvres and trickery but through the cogent example of a morally superior conduct of life. The admiration for Mahatma Gandhi in all countries of the world rests on that recognition. SC dismissed the Plea for re-investigation into Gandhi Murder Case The petition was filed in Supreme Court by Pankaj Phadnis suggesting a foreign conspiracy involving ‘Force 136’ and presence of a second assassin and a ‘fourth bullet’ fired at the Mahatma Gandhi on 30th Jan 1948. It was alleged that “adverse, unfounded” remarks were made by the Kanpur Commission in 1969 and therefore, it was pleaded to setup a commission to find out the conspiracy behind the incident. Answering to the petition the Supreme Court comprising Justice S A Bobde and Justice L Nageswara said, “You said people have the right to know about what happened. But it appears that people already know about it. You are creating suspicion in the minds of the people. The fact is that the people who committed assassination have been identified and hanged. It (the incident) is too late in the day. We are not going to reopen or correct it.”