Historic Trial of Ali Brothers and Shankaracharya-1921
March 21, 2017 | Author: Sampath Bulusu | Category: N/A
Short Description
This book contains the verbatim account of the proceedings before Sessions Court at Karachi in the Trial of the case aga...
Description
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HISTORIC TRIAL
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ALl
BROTHERS
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PART
II.
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HISTORIC TRIAL PART
PROCEEDINGS
IN
II.
THE SESSIONS COURT.
TRIAL
HISTORIC OF
ALl
BROTHERS
PART
PROCEEDINGS
PRICE
Rs. 1/8 or
Sh
IN
& OTHERS.
II.
THE SESSIONS COURT.
The "New Times" Office, 2/6.
Publishers, Karachi.
.:!
2)^ Li : o
,1
P
^X-^
INDEX, First Day's Proceedings
— -''•:;•'•. ..
The Amended Charge .^ .. Pubhc Prosecutor's Opening Address Evidence of Zamanshah „ Frank Brewster .. Mahomed Bakhsh „ „
,,
,,
Teckchand..
,,,
,,
W.R.Burns
,,
,,
Hariram
,,
T. K. Jeswani
\
.
,
,,
,,
,,
Usman Ghani
„
„
„
„
Karamchand Mahamudshah
„
,,
Abdulghani
„
„
Mahomud Ahmed
,,
,,
Vithal
,,
,,
,,
,,
,
„
C.
...
.
.
..18 .
.
..
.
.
.
19
..20
..
.
.
14
..17 »
.
.
.
.
..
.
B. E. Gwyer.
.
,,
Azizudin
,,
,,
Mahomed Hussain
.
,.
.... .
.
.
.
.
.
23
.
.
.
.
..
..
..
..
..
..
..
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,
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.'
••
••
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^
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..
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.
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.
24 24 24
..25 ..25 ..25
•
.
.
.
.
.
..21
..
..
..
.
.
.
.
.
.
26
2& 27
28
.
. •
.
.
. .
.
.
28
.
.
• •
.
.
29
.
.
30
,
.
..
'..
..
.
.
.
.
•
•
•
• •
.
.
30
.
.
.
.
.
.
.
.
.
.
30
.
.
.
•
•
•
•
•
.
.
31
Shanker
Nariman Sunder Nath
..
..^.
Ram Chandra
,,
Examination
..
..
..
.
W.
.
..
,, Narayen Ganesh Third Day's Proceedings .. Evidence of Phulchand
,,
..
;
.
.
.
..
...
..
.
.
.
,.
.
.
i.
..3 7
.
.
.,
„ "
..
.
..
Abdul Ghafur Fateh Bahadur
,,
..
.,
..23
Basarmal
„
..
.
Evidence of Shan Bahadur
„
..
.
Lakhat Hussain Second Day's Proceedings „
,,
..
.
.
Page.
..
..
..
..
..
..
..
..
..
.
.
.
of the Accused
.
.
•
.
•
..32
.32
.
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.
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•
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.
.
Fourth Day's Proceedings
34
34 39 42
Public Prosecutor's Address to the Jury
Moulana Mahomed Ali's Address F IFTH Day 's Proceedings Moulana Mahomed Ali's Address .
.
.
to the .
.
to the
.
Jury .
Jury
.
.
.
.
.
.
.
.
(contd.)
.
.
.
.
.
.
42
.
64
.
.
.
.
80 80
.
Moulana Hussain Ahmed's Address to the Jury Dr.
S,
Kitchlew's Address to the Jury
.
.
Sixth Day's Proceedings
113 116 130
Ghulam Mujaddid's Address to the Jury Moulana Nisar Ahmed's Address to the Jury
135
Shri Shankaracharya's Address to the Jury Moulana Shaukat All's Address to the Jury
198
Pir
Seventh Day's Proceedings
242
242
Opinions of Assessors of
Judgment
.
.
Application of the Public Prosecutor
The Judge's Note.
.
137
215 216
Judge's Summing up to the Jury Verdict of the Jury
The Text
130
.
.
243 245
247
With the permission
Shri
Maulana Shaukat
Ali.
of
Mr.
R. V. Thadhani.
Shankaracharya.
Dr.
KiLchlew.
Maulana Mahomed
Ali.
THE HISTORIC
TRIAL.
Proceedings on the Opening Day.
In the
Sessions Court, Karachi.
[MONDAY, 24th OCTOBER. The Dr.
A]i,
Ahmed,
Historic Trial of ^laulana
1921.]
Mahomed
All,
Manlana Shaukat
Saifiiddin
Kitchlew, Shri Shankaracharya, Maulana Hussain Pir GViulani Mujaddid ar:d Maulana Nisar Ahmed in the Sessions
Court, Karachi, com.menced on Monday, the 2-4th October 1921, at the Khalikdina Hall, at 11-30 a.m., before Mr B. C. Kennedy, Judicial
Commissioner of Sind.
The pohce and miUtary arrangements wore Lower Court before Mr. S. of at the Khalikdina Hall. The Karachi, acting City Magistrate
similar to those at the time of the trial in the
M.
Talati,
arrangements inside the
hall
were similar to those at the time of the com-
mittal magisterial enquiry. There was, however, a small raised platform for the Judge this time, and five chairs and a table were placed to the
Judge for Jurors and Assessors the Serislitedar and the interpreter and other office-men were seated in front of the Judge below the dais.
right side of the
;
Urdu just
The compound wall of the KhaUkdina Hall adi')ining the Biuider Road was fenced by barbed wires behind. Tliere ^v•as provided ample armed European and Indian mihtary which occupied the back portion of the Hall compound. Some tents, games and refreshments for soldiers were provided. There were several pohce officials at the gate and in the verandahs of the Hall. In the verandah behind the raised platform at the back of the Hall, was a small curtained chamber for the Judge. the Lo^^-er Court, by Mr. T. G. represented, as in MrBar-at-Law, Pubhc Prosecutor for Sind, assisted by
The Crown was Elphinston,
Parsram Tolaram.
b.a., ll.b.
The Public Prosecutor was
assisted in the Sessions Trial, in pursuance
also specially
of the decision of the
Bombay
of Government, by Mr. Ross Alston, Bar-at-Law, the Advocate-General Court, the United^Provinces, The accused leaders were, as in the Lower witness, cross-examine not did any unrepresented by any Counsel, and
was keen, and leading several members of the Karachi Bar were gentlemen of Karachi including The admission to the Hall was by tickets to witness the trial. of the
The eagerness
pubhc to witness the
trial
present issued by the Registrar of the Judicial Commissioner's Court, but several and strictness of supervision gentlemen were allowed without tickets,
over the tickets at the gate was slackened. There were crowds almost outside the Khalikdina Hall, but they every day on the Bunder Road and were throughout orderly Conspicuous in the Hall by the peaceful.
were a party of Khilafatists. Four or five Indian and European ladies, including Mrs. Sarojini Naidu, attended the
side of the accused leaders
trial.
.
the Couimital Court Tria', the seven leaders were brought in
s in
a closed Prison Motor Van preceded and followed by motor lorries full of armed iMiropcan militar3^ They all entered the Hall at 11 a.m. with
smiling and cheerfu
The audience stood up
faces.
to do
them honour
and grfeted tliem. The accused returned the greetings with graceful bowing of heads. At 11-30 a.m., the entry of the Judge was heralded by On the Judge his havaldar carrying a heavy silver mace on his shoulder. taking his seat, the proceedings
commenced
At the outset Mr. Elphinston, Bar-at-Law, Counsel thus addressed the Court
:
—
for the
Crown,
have one copy of the charge sheet and I want to have one shght addition made. In the first charge after the words "that you all seven accused" there should be the words "at some time or times" I
\\ant to
and there should be iasteadof "between February and September 1921/ "February 1920 to !^optember 1921." 'Sir.
Mahomed
non-co-operators write what you like ;
Judge
:
— Sit
—
on being asked said We have no objection as we all want to understand the case only you may Ali
:
;
down.
T
do not want
that.
Mahomed AM :— The charge is already amended as desired* thought that it v.-as made clear to us in Court that it was February 920 Mr.
I
to September 1921.
1
We
should have known of
before this, particularly when 131 Sect' on can transport us for hfe and yet not a syllable of evidence was uttered for that against us. I do not know if it was in the head of the Magistrate that it was February 1920 to September 1921 or it was
Public Prosecutor's.
Now
as
if
it
the proceedings of the
Lower Court
are
3
being
made null and void what
when
the decision can be brushed aside here
is
the use of trial
by a first The P.
class Magistrate
? P. sad that he " to be made but as it is, it is not a slight only wanted a "si ght change change. What was the use of our labouring in Jai to be prepared for the charge laid down by the Committing Magistrate when that has been
brushed aside
?
Mahomed All further said the committal proceedings were rendered null and void by the Magistrate's refusal to record the lull statements of all the accused which constituted the most important pari of the Mr.
proceedings for the protection of the accused.
Mr.
Mahomed
All added that from ;ust to last, ever :-,im e the Secreand the Viceroy decided to launch the proaecutiOii, tht;re hv no intention both in the Sessions Court and in the I^ower
tary oi Sta.e
appeared to
Court, oi exercising anv judicial discietion.
The Court overruled the
objections.
THE AMENDED CHARGE. The
following the Serishtedar :
"At a Court Esq.,
I.C.S.,
—
amended charge was then read out
of Crimiucd Sessions held at
Karachi belore
Judicial Commissioner of -ind, this 24th
the followini^ ac-used peiso'iS
:
—
day
(I
Mahomed
(-'
Moulvi
(3
Dr. Saifuddin Kitchlew
(4
Pir
(5
Moulvi Kisar
(6:
Bharati Krishna Tirathji alias Vekantraman.
(7
Shaukat Ali
All of
ot
RC
Kenaedy,
October 1921^
Rampm.
Hussein .\hmed
Ghulam Mujadid
Ahmed
of
the accused by
to
of
..i
Deoband.
Amritsar.
of Matiari. of
Cawnpore.
Rampur.
are by S. M. Talati, Esq., City Magistrate, Karachi, between or times time placed at the Bar and you all the 7 accused at some the months of February 1920 and September 1921, both inclusive, at
committed
for trial
Karachi and other places in British India were (with thers) parties to a Criminal Conspiracy to seduce Mahomedan Officers and Soldiers in the army of His Majesty the Kin^;-Emperor hom their duty and thereby committed offence punishable under Section 120B-115 read with Section '
and within the cognizance oi this Sessions that you Mahomed AH on or about .the 9th day oi
131 ot the Indian Penal Code
Court and
liirther
"
it made a statement, to wit, that moment the at for Musalman a unlawful present
]ulv 1921, at Karachi, religiously
the British
Army
or to enter the
army
. S. P., Karachi. I Bombay produce the order of the Government and the D. S. P. [Exhibits 3 and 41 I was on the Karachi City PoUcc Station on the 7th July when the Quetta mail arrived. Accused 6 I
einmcnt
complainant
of
15
and 7 arrived by that train, They were taken to the Kanaya Pathshala. That was close to the Pandal where the Khilaiat Conierence was to be held. The accused 1 and 7 put up there during the Conference. So ako did Kitchlew accused 3. The Conference was held here on 8th, 9th and 10th attended
I
July.
began
the sittings of
all
and
at about 5 p.m.
lasted
address was given by accused
1
.
Conference.
the till 10.
up The accused
On
the
first
The proceedings day presidential
said thereafter that a sub-
1
jects committee would be formed which would consist of ten member^ from Bombay and Sindh and five from other Provinces and all the mem bars of the Central Khilafat Committee. I had four men on duty at the
Pathshala. They reported that the Subjects Committee held a meeton the 9th July between 9 and 1 1 a.m. and again in the evening about ing 7 p.m. These were held at the Kanya Pathshala. They were private.
Kanya
The
resolution in question
was
contains a correct translation.
passed on the evening of the nineth, it It was originally passed in Urdu. It was
passed on the evening of the ninth. audience by accused No. 1
Ihe
resolution
was
read out to the
.
He
was the most important resolution and the essence of the in Conference. It was proposed by accused 2 Hussain Ahmed who spoke Urdu. Lakhat Notes of the speeches were taken by Inspector Husnain. and S. I. Sha Bahadur Khan. Accused 4 then translated into Sindhio said
it
i
Accused 4 translated the words Sindhi by saying
'
"
'
intUnlawful to remain in the army Nokari Karana haram hai." He also spoke on the re-
Notes of his speech were taken by Inspector Karamchand and S. I. Abdulla. He spoke in Sindhi. Then accused 3 spoke in Urdu. Ac* cused 5 Nisar Ahmed also spoke. Notes of their speeches were taken
solution.
Accused 6 Venkatrama spoke on the resolution in English. Short-hand clerks Basarmal and notes of Venkatrama's spech were made b}Topandas.
[Mr.
aya as
Mahomed
Ali took objection
Venkatarama.
He
to the witness calling Shankarchar-
said the witness
called
him and
his
brother
Moulanas. He also possessed only a German Pir and addressed Hussain degree as a doctor, Pir Ghulam Mujadid as a Ahmed and Nisar Ahmed as Moulana and Moulvi respectively. He made an exception only in the case of Sri Shankarachar^-a who having entered to Hindu Dharma and Sanyas, could not bear his old name according AU of them claimed the his new ashramic name. be called called Dr. Kitchlew
must
only
by
who
16 Jagadgnru as the Shri Shankaracharya and the ordinary courtesy ing the Shankaracharya by the extended to him.
The Judge his grievance
to the court.
M. Mahomedali said
:
—
a
It is
We,
karacharya to speak upon.
very delicate matter for
as his friends,
The Judge asked His Holiness what
The
latter
ashram should be
his present
of
Mahomedali that the Shankaracharya must make
told M.
known
name
of call-
answered
sitting
name
his
that his
must speak
the Shan-
for him.
was.
name was
Shri Sankarachan^a
Bharati Tirthaji.
The Court
:
—
^\Vill
you stand up and answer
Shri
Shankaracharya stand up and answer. M.
Mahomed
Ali
:
—
:— 1 do
the rules
It is against
not
care
?
and
if I
to us although
of
our Ashrama
my brother are
to
not called
graduated from the Ferangi Mahal School and earned my title hke m}' father before me. Personally, But I must speak on behalf of the Shankaracharya. I don't object.
Moulanas.
It
matters
little
I
when my friend. Dr. Kitchlew, who is the possessor of a mere German degree is called a doctor, the Shankaracharya must be addressed in a way befitting his high station in hfe. Surely,
[The Court here said something, whicli was inaudible]. Witness Zamanshah then continued
Some
of
them had brought
:
—
their followers with them.
inces were represented except Bengal.
AU
the provThere were students of the Aligarh
There was much excitement among the audience. There were representatives of newspapers there. An account of the resolution No. 6 and the speeches thereon were pubhshed in the "Daily Gazette" and the "New Times." No account appeared in the "Sind Observer." I have seen the Mutafiqa-al-Fatwa. I first got a copy of it in last March.
University.
Two
Pa than
in
I
copies T got from a the lower Court.
I produced one of the in Karachi. copies have got it here [Ex. 5]. It purports to be singed by accused No. 2 and 5 (M. Hussain Ahmed and Pir Ghulam
17 to be Mujaddid). I have got a later edition in August Ex. 6. It purports Nisar Ahmed Moulvi 4 and 5. Hussain Ahmed, (M. signed by accused 2,
and Pir Ghulam Mujaddid). The proceedings on the evening began at 9-55 p.m. and ended at 1-25 a.m.
of the 9th
GOVERNMENT EXPERT'S EVIDENCE. The second witness was Frank Brewster, aged about Handwriting expert to Government, Simla. taken, M. Mahomed Ah said :
May
I
—
know under what law
not been examined
— As
Before his
45, Christian,
evidence
his evidence is being taken
?
was
He had
in the lower Court.
already said, Sir, his opinion had been received only a few days back, the copy of which had been handed over to the accused. p. p.
J.—When
I
?
— On Friday — The M. Md. P.
last.
Ali.
The Judge said
me and
gentleman never appeared before
the copy had been supplied. What T want to ask is addenda and corrigenda are being supplied in this case ^ that
it
The witness deposed
this
:
only
how many
was an exceptional case.
as follows
:
—
I am handwriting Expert to Government. I siw Ex. 7 and 8. They were sent to me for examination. Exts. 9, 10, 11, 12 and 13 were also I compared the handwriting in 7 and 8 with the handwriting of the sent. other exhibits. Ex. 7 is in the same handwriting as 9 the proved sig-
natures.
The ink portion
of
8
is
the same, as
the
Urdu document
sent
had received these to me. I sent my opinion to the City Magistrate. The seals were documents from the Magistrate in a sealed cover. I
City
intact.
After the witness had finished M.
Mahomed AH
said
:—
Can I know if I can get my documents back which are Under what law am I deprived of them ?
my property
?
18
They were never from
me
by any search warrant. They were taken arrest. I had sent for them at the Waltair Jail and
seized
at the time of
asked the Jailor to send the papers to
my wife.
had asked the D. M. of Vazigapatam why he kept the documents. under any search warrant, can I told him :— "You have not seized them " He could can keep them with you ? you cite any law, under which you not cite aay law. I asked him to send the papers to my wife but he said I
I
should refer to D. M., Karachi.
Judga
:
—
cannot help
I
Mahomed AH :— Is
M.
it.
there any
man
me
on earth who can help
?
have been filed as exhibits, and some have been I take it that I am sent to Simla and some have been sent to my wife. r bbed, absolutely robbed and the Viceroy, I believe, has been receiving
Some
of these papers
stolen property.
(Laughter in the Court).
MAHUMAD BAKSH'S EVIDENCE. The years,
third witness
was Mahumad Baksh
Mahomedan, Shaikh,
follows
:
—
Dy.
iJlahi
Bux, aged about 30
Collector of Hala,
who deposed
as
was present in Karachi in July last at the Khilafat Conference The I remember Resolutions 5 and 6 being put before the Conference. order of GovernmcaL contains a correct translation of Resolution No. 6. I
Accused No.
2.
1
read
it
out and introduced
No. 4 translated
it
into Sindhi.
it.
It
was proposed by accused
He spoke on
Accused 3 Kitchlew seconded the Resolution. spoke.
who
it.
After
him accused 5
Then accused No. 6 spoke.
^tahomed
All then
concurred
in it
put the Resolution to the meeting and asked those to stand up. All stood up. Between 2 and 3 thousand
were present on that night. The audience were mostly Musalmans. There were some of the Ulema present. I cannot say how many. I do not remember if there were any Sindhi Ulema present. Tlie speeches cau'icd
gone there on duty.
some
excitement.
Much
excitement.
The meeting was open but admission was by
I
had
tickets.
19
LAKHAT HUSSAIN'S EVIDENCE. The fourth about
40 years,
deposed I
witness was
Lakhat
Hus-ain Tassadu Hussain, aged
Mussalman, Shia Saycd, Inspector, C.
as follows
was present
:
—
at the Khilafat Conference in July.
I
I.
D.,
who
had been sent
there to report speeches. Such speeches are made in Urdu.. I take down I have been doing this work for some these speeches in short -hand. years. of the Conference on the 8th oi July. Mahomed I was present at the sitting Ali delivered his Presidential address.
He asked
for selection of a
Sub-
I took them jects Committee consisting of members from each branch. notes into transcribed those down what he said. I have longhand. Ex. 16 is the true transcript of my notes. He (Accused 1) said what is written
there.
Ex. 17
that translation.
is
It is all that
he said on
this subject,
1
was present
at the Conference
on the 9th July when the 6th Resolution was put to the meeting. It was read by the President Mahomed Ali. He said a few words. I took them
down.
Ex. 18.
It represents
what he
said accurately.
Ex. No. 19
is
the translation.
made a speech and proposed it. I took down his speech in shorthand. I have prepared a transcript and translation, Exs. 20 and 21, Accused 2 actually said what I recorded there. After that accused 4 Accused 2
Kitchlew spoke (Accused 3). I took down Kithave prepared a transcript and translation. Exs.
spoke in Sindhi thereon. chlew's statement. I
22 and 23.
He
said as
The evidence
I
have transcribed
of this witness
the day at about 5 p.m.
was
it.
finished
when
the Court rose for
20
SECOND DAY'S PROCEEDINGS. {TUESDAY, 25TH OCTOBER
1921).
The proceedings were resumed again on Tuesday, the 25tli October 1921, at 11-10 a.m. when the judge entered the Hall from the back door. Many persons among the audience stood up, but the accused leaders and a portion of the audience remained sitting. The judge looked at the accused and finding them all engaged in reading, asked the Serishtedar to ask the accused to get up from their seats. All the accused leaders refused The to stand up whereupon their chairs were ordered to be removed.
accused immediately vacated the chairs. Maulana Shaukat Ali put off his Dr. broad and long green Khadi cloak and spread it on the floor.
Kitchlcw spread a bundle of papers on the floor and sat down. M. Ali immediately spread his coat c n the floor on which he
Mahomed
requested Shri Shankaracharya to
sit.
The Judge asked them to stand up but they refused to sta.nd up^ whereupon Mr. Bo^d, Police Superintendent, was asked to make the leaders He came near Maulana Mahomed Ali and asked him to stand up. stand. M. Mahomed
A.li.
— Under what kw
?
The Serishtedar communicated Judge's words
to
them :— Out
oi res-
pect due to the Court.
Maulana Mahomed Wi
.=iaid ii
he had respect for the Government he The Judge could do whatever he
would not have been tried in the Court. chose.
He
could
make them stand by
using force only
.
Court:— If you persist in this, you will be tried for contempt of Court. The leaders remained calm and unperturbed. They were then informed that they would be tried for contempt
of Court.
The Public Prosecutor then pointed tc the Judge some minor mistakes in the statement of Mr. Zaman Shah and cleared the matter by saying that Exhibit No. 8 was in the same handwriting as the Urdu document, and the word "it" referred to the text of Resolution contained in the Government order. While P. P. was doing this, Maulana Mahomed Ah got up and said :— " I want to know what is going on at present. I want to follow it." The Judge asked him to sit down.
21 M. Md. Ali :— I refuse to did in the Lo\!ver Court. to hear me,
I
you need not
M. Md. Ali
know
:
—Whether
quite well that
his
it is
conduct was
foolish or wise
a wise one.
it is
the contemptible Government. close the farce and senteiice us. not,
^
:
I
you do not wai.t
I
foolish.
not for 30U t. judge. have not to show respect for it is
ou are not gcing to hear us better 3 The Court must have some pov\er, if or shoot us
The Public Prosecutor then continued
sai
If
If
you can pass tho law and hang us
The wit r ess
at vour order, as
try us but simply sentence us at once.
The Judee remarked that
I
down and stand up my own accord.
sit
shall sit of
to
if
you
like.
examine LakJiat Hussain.
—
After No. 3 accused 5 spoke in Urdu language. I took it down in short-hand. I prepared a true transcript in longheind in Urdu, Ex. 24,
and the translation Ex.
25.
-^
reused 5
said
what
I
actually
have
written there.
.\ftcv that accused No. 6 spoke in English but I did ii.:t record that. The President made a few remarks. I took them in short-hand and transcribed them in Urdu. The President spoke in Urdu [Exs. 26 and 27.] Accused 1 actually said what I have recorded in my transcript. I have of Allah- 0-Akbar, etc., got my original Urdu slioit-hand notes. The cries enthusiasm about the some There was the audience. were uttereo
by
Resolution
among ^c>
the audience.
of the accused is Rampur State. I original residence He has resided in Rohil Khand and other places in personally.
The
and
in Aligarh in connection
service of
Rampur
Saharanpur, U. P.
State.
Nisar
with the College.
Accused 2
Ahmed
is
is
I
do not know
know him Hindustan
if
he was in
a resident of Deoband, District
a resident of
Khanpur.
Shaukat Ali in North
much
now Rampur State. He does not in the Aligarh College. educated was Ah Mahomed India but in Bombay. know about Mahomed not I do Shia I do not know if they are of origin.
was
All's
originally of
diploma.
live
22 The Court asked Moulana Mahomed AU whether he would mine the witness. Maulana Mahomed AH got up and said :
How
is it
Court
that the
Court does not want to
is
hear what
questions to
putting
I
?
cross-exa-
—
me when
IH take part in the
and ask
I
remain
say does the Couirt not take note of it unless done, being standing up. I think the Court has been changing its position.
what
is
—Will you cross-examine or not
Judge.
M. Mahomed to refer to the
Ali.
—
T
in the deposition of the witness
JuJ'ge.
—
I
?
shall ask the question first
Court when the
Public
Prosecutor
which are not
whether is
—^Then
if
I
am
new words
not entitled to ask any
question
of
any deposition, showing me where my begin and where Court's grace comes in and in the case of the
should be supplied a long or a short
latter,
putting
am entitled
there.
in connection with P. P.'s suggesting the alteration
rights
I
think not.
M. Mahomed Ah.
I
the
case
1
shall not
ask anvthing.
The Judge remarked that M. Mahomed
list
.\li.
—This
it
was an intervention.
is
not an intervention.
I
have seen many
'
members of the bar get up without any provocaand suggest additions and alterations as they choose.
cases where these learned tion
Judge.
—Will you cross-examine or not
M. Mahomed reply to
mv
Ali.
—
I
shall not
]
?
answer the
question unless
I
get a
question.
The Court then asked other
leaders
whether they would
cross-
f
examine the witness. |
r>r.
Kitchlcvv said:
T
don't want to answer
a
(juestion
disrespected.
Pir
Ghulam Mujaddid
offered the
same answei
.
where
I
am
SHAN BAHADUR'S EVIDENCE. The
fifth
witness was Shan Bahadur Khan, son oi
Khan, aged about 35 years, Musalman, Pathan, Allahabad, who deposed as follows :
I
Khan Bahadur
Sub-Inspector, C.I.D.,
—
attended the meeting of the Khilafat Conference in Karachi last
I took down in Urdu language. I am July as a short hand reporter. accustomed to take dowai speeches in Urdu. I was present on the 9th
July. Accused
1
read out the Resolution No.
He made
it out.
some
Urdu
transcript from the
Exs. 29 and
introductory short
hand
6.
I
took
remarks.
as he read
a
correct
translation
3().
his speech in short hand.
of
it.
Magistrate.
It is
in Urdu.
a correct transcript from
Then accused 4 spoke in Sindhi. down his speech in short hand.
translated [31-32]. 3 Kitchlew. I took is
City
I
hand and a
into long
The Resolution was then proposed by accused 2
transcript
down made
it
I
I
produce see
this
the
in
transcript
transcript.
I
took
my
down
notes. It
Then accused
prepared a the Court of the I
identify
took down
I
it.
There
hand
notes Urdu. accused 5 spoke of his speech. I made a trcinscript of his speech in long hand. I produced that transcript in the Court of the City Magistrate. I identify if. After accused 5 spoke, accused No. 6 spoke. The Resolution was put to in
after
I
the meeting by accused No. 1 Mahomed Ali. here from which I prepared the transcripts.
I
short
have got
my
original notes
BASARMAL'S EVIDENCE. was Basarmal Jawharmal, aged about 28 years, Hindu, Amil, Shorthand writer, Karachi, who deposed as follows :—
The
I
sixth witness
was present
at the sittings of the All-India Khilafat Conference
took down in short hand the speeches which were made in No. 6 on the evenEnglish. I took down a speech made by the accused That speech was made on Resolution No. 6. I prepared ing of 9th July. a transcript from my short hand notes Ex. 34. The transcript is correctly
in July last. I
prepared.
It represents
what accused No. 6
said,
Ex. 35.
24
TECKCHAND'S EVroE^XE. The seventh witness was Teckchand Hemandas, aged 29 yea.TS; Hindu, Amil, Head Master, New High School, Karachi, ^\ho deposed as follows
:
—
I attended the proceedings of the Khilafat Conference last July. took notes of the Resolution and the speeches made on it. I wrote a Those were of the speeches on the Resolution report from the notes. I
got a transcript from the bulletin of the "New Times".
itself.
I
"New Times" I
sent in
my
Paper. There was a special report on Monday, 11th.
Ex. 37
WILLIAM ROSE'S EVIDENCE. The eighth witness was WilHam Rose Burns, aged about
who deposed
terian, Journalist, Karachi,
as follows
:
&), Presby-
—
am
Assistant Editor the "Daily Gazette." 1 received a report of the proceedings on the evening of ninth July from Teckchand. That was I
Ex.
37.
missing.
I
I
pioduced
published
it
this report
the
in
One page
Lower Court.
newspaper vide issue
correctly in m},
of
is
11th July
Ex. 39.
HARIRAM'S EVIDENCE. The ninth witness was Hariram Shewaram, aged about 21, Hindu, tl;e "New Times," Karachi, who deposed as follows
Lohana, Reporter, I
:
—
attended the Karachi Khilafat Conference in July. I took notes of I gave the copies of those notes to Mr. Jeswani in
those proceedings. I
English.
speak Sindhi.
I
understand the resolution translated into
Sindhi,
T. K.
JESVVANI'S EVIDENCE.
The tenth witness was Tikamdas Khemchand Jeswani, aged about 27,
"New Times,"
Hindu, Lohana, Editor^ the
as follows
:
—
Karachi,
who
deposed
Last witness attended the Khilafat Conference as a reporter of my paper. He gave me a report of the proceedings of 9th July. I pubUshed that report in m3' issue of rer.
rd.
Monday .the
11th, Ex.42.
have not got the this resolution from I
eventually got authentic copy of the Khilafat Committee in Karachi. I published that in
original
18th.
I
a.skcd the
I
Secretary
and rereivcd numbered 7, Ex. 43.
lutions
it
I
of
the Committee for
from
him.
my
a copy
issue of the of the
The Resolution No.
have not got the Resolution
6
is
Resothat
in original,
25
ABDUL GHAFUR'S EVIDENCE.
38,
The eleventh witness was Abdul Ghafur Zardar Khan, aged about Mahomedan, Pathan, S. I. Pohce, Sind C.I.D., Karachi, who deposed
as follows
:
—
Kanyapathashala on the morning of the 9th July. Two head constables were on duty there. I asked what was going on. They said there as a meeting of the Subjects Committee. I could not recognise the voice of accused 7. 1 have frequently heard him before. He speaks
went
1
in the
v.
with pauses because he
is fat.
I
was there
for half or three quarters of
an
dispersed at about 11 a.m. or so. I
Committee went was about 7 or That 7-30 m. Head p. evening. Nonstable Keshowial and Usman Ghani were on duty there. They told me that a meeting of the ^ubjects Committee was held there. I got a copy of the Mutafika Fatwa, Ex. 6. I handed it over to the Deputy Superintendent. It was handed to me by a Pathan in Karachi City. He told me that I was employed in the Police and therefore I should read it. hour.
The
round
in
S^ubjects
the
FATEH BAHADUR'S EVIDENCE. The
twelfth watness was Fateh
about 32, Hindu, Kayastha,
deposed as follows
:
—
Head
Bahadur Lakhshmi Parsad, aged Constable,
C.
1.
D.,
Karachi,
who
was on duty at the Pathashala during the Khilafat Conference. On the morning of the 9th 1, 3 and 7 put up there during it. Ali and Kitchlew in I Shaukat saw July, I was there from 8-28 to noon. one gari at 9-30 a.m. and Mahomed Ali in another. ^Many persons came there including No. 6. There was a meeting of the Subjects Committee I
Accused
could hear speaking. After 11 a.m. the Subjects Committee broke up. I was on duty there after 12 midnight. At about 1-30 a.m. I saw accused 1 3 and 7 returning rom the Conference. there.
Accused 7
I
,
USMAN GHANTS EVIDENCE. The about 28,
thirteenth witness
was Usman Ghani
Mussalman, Sheikh, Head
deposed as f oUows
:
—
Mahomed
Constable, C.
I.
D.,
Ismail, aged
Karachi,
who
Karachi during a meeting of the Khilafat Conference at the Pathashala on 9th July from 7 a.m.to 12 noon. I saw some people Committee. Maliomed Ali and Shaukat Ali, come there for the I
was on duty
at
Subjects
26 Kitchlew and Venkantraman I recognised the speech of Shaukat Ali, I was on duty there that evening. I heard in the evening the voice of Shaukat Ali. He spoke in a high voice. I had heard him speaking before.
The Court then
rose for
The Court met again
hmch
at 2 p.m.
at 3-5 p.m.
KARAMCHAND'S EVIDENCE. The fourteenth witness was Karamchand Ramlal, aged C.
Hindu, Khatri, Inspector,
Karachi,
D.,
I.
who deposed
about 39,
as follows:
—
attended the sittings of the last Khilafat Conference in July in of the 9th of July when the I was present on the evening Karachi. I
was passed. The Resolution is correctly translated in was translated into Sindhi by accused No. 4. He also
sixth Resolution
Ex. No,
3.
It
spoke in support of the Resolution. I took notes of it. All of the accused except Shaukat Ali spoke in support of that Resolution I left Karachi next day on the 10th. Then I left by the Punjab mail,
some
and?
by the same mail. No. 7 went
to Naushahro Naushahro Feroz is There was a first poliin Nawabshah District in Sind. I went there also. tical Conference of the Sahiti district there. Shaukat Ah was president* There were two sittings one in the morning and one in the evening. of the accused 3
Feroz.
left
towards Sukkur.
Accused 3 went direct
Accused made two speeches one at each
sitting.
been doing so for the
Accused No. 7
I
am
last five
with
well
years.
Urdu.
I
recorded
I
took notes and have
in
it
spoke in Urdu. Urdu. I have
acquainted produced those note=! in the Lower Court. This is the the original Ex. 48. The translation is Ex. 56. This speech.
It is a correct
Choithram translated
translation
of
what accused 7
fair
copy and
the evening did say. Dr.
is
his speech into Sindhi.
MAHMUDSHAH'S EVIDENCE. The
fifteenth witness
Mussalman, Sayed, D. I I
prepared Ex. prepared Ex.
was Mahmudshah Nawabshah, aged about 43' Thar and Parkar, who deposed as follows
S. P.,
:
17, it is a correct 19.
translation of Ex. 16.
It is a co-rect translation of
Ex. 21
is
Ex. 23
i^
Ex. 25
is
Ex. 27
is
Ex. 30
is
a true translation of 29.
Ex. 32
is
a true translation of 3 1
.1
true translation of 20.
a true translation
•
f
22.
a true translation of 24.
a true translation of 26.
.
Ex. 18.
—
27 the City Magistrate's Court prepared true translations of speeches of Nisar Ahmed and Dr. Kitchlew. The leaflet shown to
I also in tlie
me Ex.
51
is
accurate.
Ex. 49
is
a true translation of 48.
ABDULGHANI'S EVIDENCE. sixteenth witness was Abdulghani Barkat Ali, aged about 30, Mussalman, Rajput, Superintendent, Central Khilafat Committee,
The
Bombay, who deposed
as follows
The book is the stock book of Kelly came to search the Central
:
—
the Central Khilafat Committee. Mr. Khilafat Committee in
He
Bombay.
on are made clerk book the in by my own responsibility. Entries in the It is his duty to enter in the book, literature which is received charge. took this book
away from the
and which goes
out.
ofiice.As a rule 1 sent out the literature
Entry No. 30
in the
month
of
February
refers to
the month 151 were issued receipt of 240 copies of Mutafik Fatwa. During Ex. 54. The clerk who distributed them made the entries. It was hi
them made the entries. It was the clerk's duty to distri bute them and enter them in the book. Item No. 30 shows a balance In April there is an opening balance of 27 in March of 89 copies. balance is of 26 copies, Exs. 56 and 57. June shows copies, May no balance, Ex. 58. In July 2,000 copies were received, Ex. 59. We charge for the hterature that we issue to the pubhc. The I sent the Fatwa to be first 200 copies were issued to the visitors free. it on I did my responsibility. The title at the Mustafai Press.
who
distributed
printed
Ex. 60. pamphlet bears an endorsement signed by me, I it in 1921. 14th on order signed February. I signed that February I don't remember whether I sent it to the press then. Very likely, I sent later on. I received 2,000 copies from the press. Ex. 61 is it to the
page
of the
press
to the clerk with by me. I handed over those copies 4 annas and not instructions to hand them over to any one who would pay of either of these I do not know that any copies to send them outside. letter signed by Shaukat Ah. pamphlets were sent out with cyclostyled
the receipt signed
don't think that Shaukat
Ah
ever signed such letter; the letter used to
be issued by some clerk in
his
name.
I
•
M
Mahomed AH
now and
then,
here
troubled poor Mr. Kelly being a gap to be fiUed, by going all the way
said.-Why
whenever there
is
is
search the Central from Karachi to Bombay to again and again and let him brmg the mittee office ? Let Mr. Kellv be sent for hei e
Comwhole
•>w
and when the entire body is removed here searcn it iike a fishonce for all for life (laughter in pond and let us all be transported office;
the Court.]
The witness continued: — Shaukat No.
deputed to work in Punjab. Committe There are 200.
fat
is
one
of the Secretaries of the
is one of the Secretaries. He one of the members of the Khila-
Dr. Kitchlew
Central Kliilafat Committee. is
Ali
1 is
Shaukat Ali does not spend much
.
of his
time in Bombay. The introduction to the papers sent for pubhcation to Among the papers the Mustafai press was written by Khatri, Ex 62. was the Mut fik Fatwa and the proceedings of Jamait-ul Ulema-al-
Hind Ex.
62.
pubhshed
it.
These proceedings were printed.
I don't
.
know who has
MAHOMED AHMED'S EVIDENCE. The seventeenth witness was Mahomed Ahmed, aged about Mussalman, Sheikh; Printer, Bombay, who deposed as follows
The name
:
—
35,
I received Ex. 60 together with the Fatwa and proceedings for printing. Last witness Abdul Ghani gave them to me for printing. The original order was
of
my
is
press
Mustafai.
the copy of Muttafik
for 5,000 but afterwards
on the 21st July.
2,000
I
was asked
I '.ave
to
print 2,000 only.
Abdul Ghani's signature
I
delivered
in the delivery
book.
VITHAL RAMCHANDRA'S EVIDENCE. The eighteaath witness was Vithal Ramchandra,. aged about Hindu, Brahmin, Police Sub-Inspector, C.I.D., follows
:
—
Three
come
of the ac
used
Mahomed Ah, Shaukat
Poona on 17th July
35,
Poona, who deposed as
Ali
and Kitchlew had
Thtre was a
political meeting that shorthand in-Marathi and English. I am accustomed to taking down speeches in short hand. Shaukat Ali made speeches at that meeting at the end of the meeting-, funds were being Shaukat Ah spoke in English and Urdu. I took English in collected.
to
evening.
I
attended
it.
I
1921.
write
;
English and Urd
:
in
Marathi short hand.
I
made a
trae
t
anscript of
my
hand into long hand. I made it half an hour afterwards. Ex. 65 is what Shaukat Ah said. I made a translation into Enghsh, Ex 66. There were 3,000 or 4,000 p rsons present. Abou- half were Mahomed-
short
ans.
There are many Indian troops stationed at my original shorthand notes when required.
produce
Poona.
I
can
29
NARAYAJ^ GANESH'S EVIDENCE. The nineteenth witness was Naraj^en Ganesh, aged about Mahratta, Brahmin, Inspector, Police, C.I.D., follows
:
—
Poona,
38,
Hhidu,
who deposed
as
was present at Gokin at Belgaum District. Khilafat Conference was Only one Resolution was put before that Conterence. Accused No. 1 proposed it. It was read out in Urdu, then in English. I took down I
held.
what I could. I write Marathi short hand. I took down the Resolution when it was read in Ur.^u. I translated it into Marathi and took it in Marathi shorthand. I took it in English longhand. A few remarks were made by accused No. 1 while moving the Resolution. I took it in Marathi shorthand. I have prepared a transcript Ex^ Noe. 68 and 69. v/ere x\bout 50 were Mahomedans. 1,500 persons present. Kitchlew, accused 3, seconded that Resolution. I have the original
%
shorthand notes with
The Court then
me
from which the transcript was made.
rose for the day.
30
THIRD DAY'S PROCEEDINGS. WEDNESDAY, 26th OCTOBER. leaders entered the
The accused
on the ground as on the previous day. This a large majority of the audience sat on the floor out of sat
and straight away however,
day,
Khalikdina Hall at 10-55 a.m.
for the accused.
respect
PHULCHAND'S EVIDENCE. The twentieth witness Phulchand Purnamchand, aged about Hindu, Marwari,
S.
Police,
I.
Poona, was then
called.
He deposed
37,
as
:^
follows
attended the Belgaum Khilafat Conference at Gokak. That was on 19 June last. Only one Resolution was put before that Conference. The R&solution was read out to ;the audience by Mahomed Ali. He I
read
out
it
down
in
Urdu and English. shorthand.
Marathi
in
and
long hand, Exs. 71
was seconded by No.
The twenty -first :
Accused No.
The D.
1
I.
took
a true
Mahomed AH proposed
witness Jailor of
—
2-40 p.m.
have prepared
I
I
transcript in the Resolution. It
SHANKER'S EVIDENCE.
C.
about 25, Protestant, follows
took the Resolution down.
About 1,500 attended the Conference.
3.
W.
72.
1
was William Cristopher Shanker, agea Vizigapatam Jail, who deposed as
was brought to my jail on 14th September about G. of the C. I. D. and the railway police brought him
Mr. Cunningham brought him. The Jail is about one and a half came in a motor. His kit followed in another
there.
miles from the station, he
motor accompanied by
me
his servant
to keep the kit safely
Jail
he got an order.
Next day the Inspector turned up with a
office.
sion
till
The Inspector asked L locked up the kit in my
and a policeman.
Superintendent of
all
papers.
Mahomed
asking I
me
to search
suggested
and
the
Mahomed
letter
kit
addressed to the
and take posses-
Ali should
be
present.
trunk presence opened Several papers were found which were placed on the table. I had a list made out by the Deputy Jailor. I read the English papers and asked I
sent
for
Mahomed
Ali
in his
his
.
Urdu papers and tell us the contents of them. The contents were noted by the Deputy Jailor. The list was then signed by Mahomed Ali Ex. 74, among them were the Urdu and English copies of Gokak Resolution. I then put away the papers and the list. I took Ali to read the
them out on the morning
The
of the 17th.
District
called
Magistrate
on the jail and I placed these papers before him on the table. Mahomed AH was sent for and the D. M. informed him that they wore to be seized. Mahome d Ali asked that certain papers which were in that bundle
Begum Mahomed Ali. Papers were then wrapped in a newspaper and sealed by the D. M. The packet was handed over to an Inspector of the C. I. D. who called at the jail. I was more or should be sent to
less
present at the conversation between the D. M. and the accused.
NARIMAN'S EVIDENCE. The tw3nty-second witness Parsi, Jailor,
District-
Accused was kept
Jail,
Xariman Hormusji, aged about
vvcis
who deposed
Karachi,
in a separate
room
in the
as follows
He
jail.
:
—
29,
has written some
my presence to the D.M., Karachi, Exs. 10 and 11. He also wrote two telegrams in my presence, Ex:^. 12 and 13. I kept the originals and despatched the copies, .\ccused 1 also wrote an Urdu letter in my
letters in
piesence, Ex.
The S\ Ihet.
9. 1 initialled
P. P. said that he
these documents, so
wanted
to
I
might identify them.
examine Deputy Superintendent
Mr. Si.ndera Nath Sen who was not examined
of
Lower
in the
Court but part of whose statement was given to the accused on Saturday
and u part on Monday. M.
Mahomed
The Judge
said that
M. Ma'iomed every
it
if
Ali said that
now and then
was being done only from February 1920. Court about dates
the evidence had already been recorded. was going to be taken.
Ali asked
new
witnesses were l^eing of
to serve the purpose in order to show that
the P. the
P.
the
in
in
brought said that
"conspiracy"
There was not a word of evidence
but any how
He
it
existed
the
Lower
his own -Magistrate introduced he s-
erstitions going to stand even for the slightest moment in the way of loyalty which every human being owes to God ? Gentlemen, I think not for
my co-accused, but I think for you, not a single Mussalman among you. Three of you are Christians, and two are Hindus. But that does not matter at I am speaking mostly to Indians. I am speaking to human beings. all. I do not know whether all of you are Indians. Perhaps one of you is not
my own it is
sake, nor for the sake of
a misfortune that there
is
in India and may have come to rethough he too ma}^ have his domicile his home, and may therefore be gard India although an Englishman~as
—
therefore speaking to a majority of you at regarded as an Indian. I am a from least who come country which is imbued with the spirit of relia spiritual country and which has stri\'cn gion and which is traditionally of the spirit as against the flesh. through the ages for the exaltation
Gentlemen, we hear so much of toleration in these enlightened daj's and I do riot think even the PubHc Prosecutor would contradict me if I toleration. The British Government has never tired say that we all want of saving that it is a tolerant Government, and that the British rule is based on toleration.I do not think that the Government of a civil-
j&rmly ized country in this twentieth century could ever say that
it is
against
66 But what
toleration.
man said— "Sir,
I
is
toleration after all
?
It is this
;
disagree most heartily with every word
said, but, damn it, I shall fight to
the last drop of
as a well-known of
what you have
my blood
for
That
Otherwise, there
is toleration.
is
and
tolerates all this
no necessity sacrifices
for
toleration.
everything for the
j
your right
That is to say, toleration is required for disagreement, it is required where people are not of the same opinion' where people hold very different views) where they have wide differences. to say it."
i
•
\
,
But the tolerant man
maintenance
of tolerance,
—
j
Now, you might say, a man might hold very foolish opinions I am sorry many men do I think the Public Prosecutor for one holds some foolish
—
opinions-and we have
yet got to see
that would be after
am
man's judgment
is
what kind
Judge holds question whether a
of opinion the
—but not the —people's judgment may be foolish" right or wrong I
silenced
it is
the question is this, when any person or a body of persons give you a pledge or freedom to hold your own opinions and act up to them, then I
think
it is
their
duty
to abide
by that
pledge.
|
l
j
i
i
i
i
is against us, we want the whole the result of the decision here will not be
Now, Gentlemen, what the case world to understand.
After
all,
j
j
confined to the audience in the Hall, or to the few scores of thousands o^
|
people in Karachi. It was said that the Resolution that was passed here was not meant for the small body of audience comprising a few Ulemas
and a few thousand people, but it was meant for a larger audience. Now this trial too is meant for more than the audience here in this hall, cerIt is really meant for the whole tainly for more than the five of you. world. We want to have our right to get the proctection of the law for our religious beliefs and practices recognised. Let the (lovernment be repentant and say that we have seen the error of our ways, (Turning to Mr, Ross Alston) These are the words which my friend Mr. Ross Alston
wanted me
words, and they shall be my last words, but with regard to the action proper for the Government (laughter). But will the Government Is it going to abide by the pledge of say that ? to say as
my
—
—
money
that's another story (laughter) If
\
'
i
\
I
|
|
last
Freedom of Faith ? Or, would the G jvernment say, 'No, we are powerful, we are strong, we have dreadnoughts, wc have aeroplanes, we have all this we have soldiery, machine-guns, we have all this paraphernalia of destruction with us, we command tremendous power, we have beaten the most powerful nation in of course with the liclp of Europe, though, 26 allies (laughter) and India's men, and other resources but ions and £cts.'
j
—we cannot
they say that,
tolerate
we can understand
your religious opin« that.
Therefore
it is
j
67 not for the purpose of defending ourselves but it is to make this issue clear— because, but it is a national issue— more than that it is an nay, issue on which the history of the world to a great extent depends—
whether
in this civiHsed century man's the word of God. The trial is not "
the Crown" but 'God
man.
man
That or
man
is
the
shall
vs.
trial.
Man.'
word
shall
Mahomed
This case
be deemed higher than Ali
and
six others Ds.
God and The whole question is— shall God dominate over is
therefore between
dominate over God."
Now, gentlemen, you were here— though it was not intended for /ou y —you happened to be here— when we refused to stand up when the Judge asked us to do so. We have always dissociated ourselves from and repudiated the idea of showing any disrespect to the Judge.
We
are not
foolish
enough to create any unnecessary unpleasantness or to worry the or irritate him. We have no grudge against him. But the whole Judge was with regard to respect to a man as against respect to God. question
As my brother has said in the Lower Court, and as I say before you now. we do not recognise the King any longer as our King we do not owe any I have not loyalty to any man who denies our right to be loyal to God.
—
a word to say against the King I have not a word against the Royal family, but where the question of God comes in as against the Government, I cannot have any respect for a Government when that Govern-
ment demands from me
that I
must not
first
respect
God and His
laws.
Therefore, the whole question really is, as I have said, between God and man. The Pubhc Prosecutor has very skilfully stated his case and when he came to our rehgious behefs and the commandments of God, he was
anxious to get over it as quickly as possible. He was skating over thin ice. He brushed all that aside. Now I challenge him, 1 challenge the Judge to give a decision on the point. It is not at all a question of fact
with which you, gentlemen of the Jury, have to deal. If the Judge deals with the question of law in his summing up and sentences us, if the verdict which you act as Jurors, and of the against us in the case, in
Jury goes
he exercises his right as a Judge to decide both as regards the facts and the law in the cases in which you act merely as assessors, after you he sentences us disregarding our give your opinion as assessors— if mil be clear. It does not matter course then our if
religious
obhgations,
what punishment we are hkely to get and under what section of the 120 B, Penal Code we get it, as there are any number of sections— Sees. 131, 109, 505, 117 and so on.
68
As regards these sections and the various charges, so far as I am concerned, I was greatly confused, and I am trying to compute how manyyears altogether I shall get (laughter). I have but one Ufe and I do not
know
if it
years that I shall get if I am punished deserts (laughter). But that is absolutely immaterial.
can cover the
according to
my
many
The whole thing is this: I want a decision from the Court on behalf Government that theCourts of India cannot give any protection to
of this
a
man who
does the thing that I have done though it admits that it is precisely the thing that his reUgion demands ^his God demands from him. God is not clamouring from the house-top. He is shouting from his
—
—
— clamouring
from there "Man whom I have created from just a clot of blood, whom I have raised to whatever of power and glory you possess- whatever you have and whatever you are, it is I who gave it to you and made all this for you I want you to throne
eternally high
—
Me
serve
and
for the
King,
before
my God
may
bow
not
before
him when he asks not
if
beliefs of
—suppose a sect of Hindus demands Human
any
that
sacrifice.
we had
selves as to
question of
some sects. He I do not know
demands human sacrifice. It is not that was involved in our case. Then the
religion in India
individual belief
bow
to
and His commandments.
The Judge had hinted something about the
said
may have
not a creature of Mine." \Vhatever respect I I
differe.it sects
which of these which sect is
:
among is
We
ourselves.
right and which
right.
is
a question of P. P. had said
quarrelled
wrong.
Do we know which
among
Weil,
it is
our-
not a
religion is right
and
not a question of our bslief alone, wrong But even if it was a case it is the question of the belief of every Muslim. of a particular sect, do you mean to say that the Proclamation of the Queen in 1858 required at that time that each and every one of the 300 millions of the people of India must be agreed all the heavens and the whole earth and all the planets and the Man in the Moon and all the men
which rehgion
is
?
In this
it is
—
Mars every one must be agreed that this was the one true and correct and it was then that the Queen's Proclamation provided protection ? No protection would have been required for such a Faith. What is the Penal Code itself for ? It is to give you the protection that I seek that I may not hurt your religious feehngs. In to-day's "New Times" we
in
faith
—
find that
some men, Khilafat men
—have been
because they hurt the rehgious feehngs gentlemen of a policeman by asking him
—
of
prosecuted in Calcutta a Policeman, (laughter)
to resign
Government service
69 (Laughter).
But you
I
have not the
see there
religious feelings.
men
my
doubt that these
least
worship and worship with
own when
I
say
full
my prayers
—you do not approve
of it
will be
condemned-
intensity
much
with as
intensity as
than mine
possibly with
greater intensity —you heartily disapprove and want to of
But can you do it
Temoveit.
men
a provision of law even for protecting a policeman's Take another case. A Httle piece of stone which some
is
.-'
You
cannot.
The law
it,
gives the
man who
not because the Why does it do so good but because of the man's feelings. Because the framers of the law say that it is not good reUgion that they seek to protect but it is the man's rehgious feelings. It is not the objective religion but the subjective feelings of the man too that have to be protected. It is
worships
man's
it its
It is
religion is
feelings of
may
provides
—
Macaulay and others sought to protect the religious a brother man, however foolish and superstitious and wrong It is this that you have got to protect, and the law be.
Lord
this that
they
protection.
.-'
this
protection.
But
I
base
my
case
upon the Queen's
Proclamation and the King's Proclamation. So the Judge has got to declare whether these Proclamations have any value in a law Court Edward VII) or not. That picture (pointing to the picture of King the to has he that is there remind the to give us
Judge
protection of the King's law.
you cannot
either take the
ting to the Public
You
will
me
or from my friend there (pointook your law frorA him you will you
law from
Prosecutor). If
take that law from him because
be in a perilous state, truly a sad plight (laughter). But in this ca.se, it is not the case of any man's individual opinion or ofthe opinion of a sma'l number of Mussalmans, though you cannot hurt the feeUngs— the reliis not a question of a sect but of a gious feehngs even of these. Here it himself a Mussalman. can go outside this religion. No person who calls
book (pointing to the Quran). Look at this translation in English. This ot book is full of repetitions. But you see what a small book it is inspite book this is It 500 about it is pages.
its repititions.
Althogether
which constitutes the chief source
only of our rehgious laws.
I
wish to e.xplam
to not be any misunderstanding. You caight mdiviknow where my rehgion is to be found. I do not take it from any this tiny the tirst instance dual's beliefs.My religion is aU contained in this oriabout But volume. Then comes the Traditions of our Prophet. ..f Mussalsect there is n-t one single ginal source (pointing to theQuran) will find that here mans that differs about a single syllable.Therefore. you difference ofopinno is is a solid bed-rock of our Faith about which there if one of the companiion. In the case of the Prophet's Traditions, even
this so that there
may
m
70 ons of the Prophet said that the Prophet said so and so, and if that traor in contravention: dition, handed do^^^l from his companions, is against
no Muslim will accept that tradition. is attributed to the Prophet if it is that beheve not We shall anything or supplements it against the Quran. But if it explains it (The Quran) it. 1 wish to make no [adjuvendi cause or sitpplendi cause) we may accept of anything contained in this book,
But what I wish to point out is that the four odious comparisons. Gospels of the Christian Scriptures, if we have to test their authenticity the Court).
(Interrupted by
The Court.
—
cannot allow you to go on in this way. It is not Are you speaking in your defence or not ?
I
strictly relevant to the case.
What
i
s
?
your point
—My point
is that even the Prophet's Traditions have been the but their testimony too cannot with authenticated greatest care over-ride the dictates on the Quran of which all sects of Islam agree.
M. M. Ali
;
am
not going to base
my
case upon anything which subject to the differences of the sects. am going to base my case upon the solid bed-rock of the Quran. If
I
you
what
my
It
has been said that there are sects.
Well,
1
is
me
will give
to
the opportunity
make
the Jury understand
friend the P. P. has so lightly brushed aside altogether.
The This
is
Court.
Well,
Ali.
They
if I
You cannot
—They
me
?
trial into
I
my
my case
—-Why bring out this do not want to
fine yourself to the
religious controversy.
statement in the Lower
wish to explain their bearing to the Jury^.
allowed to explain
I
a
cite these texts here.
are contained in
are on record.
am not
The Court. cern with
cannot turn this
I
irrelevant.
M. M. Court.
—
limit
I
will stop.
religious
matter which has no con-
you unnecessarily. You must con-
charges against you.
M. M. Ali.— 1 entirely
differ
from the Court
in this
matter.
I
think
entitled to explain as to what religion lays down without of is the religion which the sects this and to that difierence prove I
am
my
me
that the law does not protect
protects.
Tell
satisfied.
I will sit
the case to dict
is
my
religion
and
I
any law
am
do not know how you are going to sum up the Jury. Therefore before you have summed up and their ver-
delivered,
I
down.
am
I
putting this before the Jury.
71
The
Court.
no excuse religion is
M. M.
if
—
the Jury however that the excuse you offer is have done you anything which is a criminal offence— that I shall tell
no excuse
Ali.
for a criminal offence.
—^Therefore
already done, before
been so
many
I
it seems to me that the summing up too is have done with addressing the Jury. There have
things, too, previous in this trial.
The Court.—Whether you have committed
the offence or not has
to be decided according to the law of the land.
M. M. Ali.—There which can be an offence
You cannot recruits
is
nothing which
in this country ask a
you have
is
required
by a man's
religion
in British India as long as the Proclamation holds.
Hindu
Before enlisting and you bind them by a
to kill a cow.
to take people's answers
down
the form (showing the form) upon which the soldiers are enlisted. People take the oath that they will abide by their pledge. Yet not a single Hindu soldier who takes that oath will kill a cow inspite certain oath.
This
is
of all the allegiance that he might
commands him
owe
to the King. Therefore,
if
his offi-
cow and the Hindu soldier refuses it, will he be hauled up before this Court ? If the commander orders a Hindu or a Mussalman soldier to use cow or swine-greased cartridges which the Hindus and the Mussalmans won't touch and he refuses to do it. could he be brought before any Court of Law ? The Queens Proclamation will give him the protection no matter what your Penal Code might say. So as what I do is enjoined by my religion, no Indian Penal Code cer
to kill a
—
—
—
long or other penal law can touch me because the Queen's proclamation is there. As long as the Queen's successor is the Ruler, as long as the orders from King's picture is here, you, the Judge, will have to take your the Queen's Proclamation and the King's, otherwise 1 will know that the whole thing was a camouflage, and that all this talk about tolerance was is a quessheer cant and hypocrisy. Now, in this form you will see there land tion (Reads the form)— "Are you wiUing to go wherever ordered by •or sea and allow no caste usage to interfere with your military duty?'
has got to answer this that every soldier at the time of enlisting That does not allow the comin the affirmative and to sign this form. mandant to believe that the religious commandment is therefore bmdmg his officer to on a soldier. Supposing the man is asked to kill a cow by and he refuses that provide beef for liim. The man absolutely
lake
it
quotes his Scriptures and Shastras.
No
section of your Penal
Code
will
72 ever assist the Judge or the Jury to declare that this to his religion. punished because he is acting according
man would be Say that he
No, gentlemen, you have to write on can be punished and I sit down. the Penal Code and every other law, the favevery section throughout ourite phrase of the lawyers "without prejudice," i.e. "without prejudice
we cannot
allow.
You
say that there are bad customs like 'Sati' which Then you should declare the customs which you will
to a man's religion."
allow and the conditions on which you will be tolerant. Even murder is^ not murder if the man's religion demands it. And the Queen gave the
by the Proclamation to that religion. You say there are and sects in this country. Well, then, you should have pro-
law's protection
many
religions
claimed that such and such religions shall receive protection. You should have made it clear that on these conditions alone whoseover wanted to within this Empire will be allowed to live and be regarded as a loyal Whoever did not want to live within the orbit of this loyalty, subject.
live
that
man would
either
have walked out
of this
Empire
have
or would
kicked you out of it. My friend (the P. P.) told you that we are very sincere, that we are people who are straightforward. I am thankful to him for this compliment. But he did this for his own purpose, and I am going to use it for my purpose now. Gentlemen, you will now understand
we are not the people who are going to be easily frightened into telling" untruths to escape punishment if w^e deserve it on the evidence laid before Whatever evidence there is in this case it is of a trivial character you. that
I will not worry you about these trivial things. I am not going tobother about the evidence regarding the time we left the Kanyashala or returned to it or about the Subjects Committee which was led to prove
and
Association with whom ? Association with my brother? In that case the Public Prosecutor could similarly' have given the whole of our past history and with his chronological order should have placed the evidence before you that my brother was present at my birth that we lived together in the same home- that he took away my pocket-money when we were in school^and when I demanded back my money he beat
our association.
;
—
me
black and blue (laughter). This is association (laughter). gentlemen of the Jury, is trivial evidence. The main case is. !
All this,
Does the
Queen's Proclamation give protection to the Mushm religion or not ? whole contention is that if we ask the Mushm soldier to give up
My
serving in the British Aimy and to refuse to recruit, and ask other people not to be recruited, and we say and prove that it is to be found in the then we are immune. You cannot Quran, us. Where the Penal Code
punish
not opposed to the Quran, it stands. When the Penal Code is in antagonism to the Quran it does not stand. It must go. What is the whole is
73 case.
If I
am wrong
in this, let the Judge decide. must not take what the Prosecution You, gentlemen,
I
will
be content
says about individual opinion as affecting our case, though even in that case we have got to think of the man's religious feehngs. I have given you 17 or 18 out of the 34 Hadises and the six verses from the Quran cited by Maulana Husain
Ahmed
From
Sahib.
these
the gentlemen of the very Jury and the Presiding Judge may understand very clearly what a Musi m must not do. The Public Prosecutor has talked of verses cited without their contexts. It was to avoid this that I have given long extracts from citations
Quran so that you may be easily able to understand the context. I say, ask any MusHm of any sect, send for any man— even the Court Chaprasi—and ask him to say if what I say is written in the Quran or not. He the
will easily point it out for
Arabic he will explain
it
you
if
to you.
—
he can read the Quran, and if he knows There would be no difference of opinion.
challenge the Government I challenge the Prosecution to produce any man, to produce any juridical opinion or Fatwa to show that what we declare is wrong. There might be a difference between the Shias and I
—there
a difference about the Khilafat question. The Shias do not believe in the Sultan's Khilafat. There might be some difference about
Sunnis
is
some other matters
;
but thsre
is
no difference
of opinion
about
this.
As
regards non-co-operation generally there might be a difference of opinion. men who are against relinquishing honours or service
There might be or giving
up grants-in-aid
to schools.
ness, not of friendship or co-operation;
They say you
may
this is a
matter of busi-
retain this grant or leave
a small minority that says so and many of it have But so far as the question of killing sold themselves to Government. another Muslim is concerned, there is no difference of opinion. This is the
it.
But
main
after all it
is
point.
to say something about the charges. It was not for you, gentlemen, nor for me, to object to the misjoinder of charges. I If I am to address any one on that point, I shall address the Judge. But so far as you are conwithin think I rights if I refer to this. number of sections— 109. that
Now, gentlemen,
am
I
want
my
any you, gentlemen, been jumbled together for the have I. C. P. the of and 505 131 120B, 117, P. C. lays section 233 of the purpose of Creating confusion— though thus :— down that these several charges cannot be joined. Sec. 233 runs is accused Sec. 233.— "For every distinct offence of which any person be tried shall such charge there shall be a separate charge, and every 23 cases mentioned in sections 234, 235, separately, except in the cerned,
I
may
tell
C
and 239.
T4 Sec, 234.
— "When
more offences than one of the months from the first to the he may be charged with, and tried at one trial for
same kind committed last of
such offences,
any number
a person is accnsed of
witliin a space of 12
them not exceeding
of
three,"
—
I do not thinkyou should trouble yourself in reading this There cannot be any re-casting of the charges at this late
The Court. to the Jury, stage.
Maulana Mahomed
— The
general rule is that the individuals should be separately tried and the charges should be separately dealt with, because if this is not done, it will prejudice the accused and it will Ali.
T do not know wh}^ they are jumprejudice the gentlcnien of the Jury. bled together, but it seems to me that all representing the Crown have
criminally conspired (laughter) so that so
teen brought
in
many
only to confuse everybody.
have
sections of the law
do not know whether any
1
gentlemen, have understood them clearly. I did not quite understand what was the first charge, and what was the second charge what was to go before you as Jury and what was to go before the Judge and of you,
—
before you as
A.ssess* , ji.
commandments" which would make
into "these
section 505
_^lj I.
^-t P. C.
was
found to be applicable, whereas the actual of this part of the Resolution did not refer to the declaration of If
applicable.
words
section 117
But the
Islamic law that mihtary service was haram contained in the earlier part of the Resolution, but to Islamic law generally).
Gentlemen
of the Jury, I
am
not anxious to get
of?, I
am
not anxious
make no
defence whatsoever, I have to explain the my law of Islam to you and explain the bearing of that on the position we have taken up. I have not cross-examined witnesses nor produced evi-
for
defence.
I
my own
want you who are mostly my countr3mrien though co-operating with this Government to consider this. You will find that in the history of the world many celebrated trials have taken place and many great people have been declared guilty of many offences. In English history itself even poor Joan of Arc was killed for a witch. But
dence on
with what result
?
side.
But
I
Her golden
statue stood before
my hotel in
France and
while I was there the Cathohc Church led by the Pope and the College of Cardinals canonised her and what did the successors of those
burnt her do
memory and
Why the British
?
army
in placing wreaths
who had
joined the French in honouring her ? I was present at such a
on her statue
scene.
George Washington was a wicked rebel in the time of George
What
is
the
verdict of
the
British
Government to-day
?
He
is
III.
the
greatest patriot.
should Uke to address a remark or two particularly to the sohtary Englishman on the Jury. Englishmen are not bound to follow the majorI
ity of their
in unrighteousness
countrymen, particularly
and
injustice.
Believe me, throughout Enghsh history it has been the minority that was mostly in the right and at any rate it was the minority that began great and goad movements. A great cause had never been started in the world's
by the majority. It was not Pilate that was crucified. It was Christ— God's peace and blessings be on him Pilate was the judge who the verdict pronounced the verdict against Christ But who pronounces
history
!
!
now and who Judgment
will
it is
pronounce
God
that will
it
hereafter
?
On
Day of who did
the Last Day, the
pronounce the sentence on Pilate
110 not
know what was
But where
cynically.
and ask that famous or infamous question so Pilate now ? Who ever remembers him the great
truth, is
for Christs crucifixion. crucifying Judge, except human beings Christ is the Saviour. But who am
Now I,
to miUions of
a humble individual
not worthy even to take the dust to compare myself with Christ who am But as the Poet has said— of! the feet of Christ ?
"Weakness never need be
falseness,
"The Thunder pealed by God
Truth
is
to Nature, whispered
in the
—
in each degree.
by
howitzers the
thunder peals of British soul has whispered into his ear this man's humble
And
Truth
my soul to me."
still
small voice of
little bit of
truth— God's
that he must not stand by eternal everlasting, soul-sustaining Truth and see Muslims being slaughtered by Muslims in spite of God's clear unshaken by law, but must preach against it and propagate God's Truth, fear of
man and
untroubled by
mundane consequences.
—
Gentlemen, take another case the case of the martyrs of Karbala. The Prophet's grand son had only 72 men and Yazid's army had thousands apd they killed him. He was then in a small minority. But for thirteen hundred years the mourning for that vile deed the deed of the Gov-
—
—has been going on.
Every Muslim mourns for Hussain, Hussain the victim and not for Yazid the proud victor, and many MusUm cities have a quarter just outside known as Karbala, while no ernment
in
Power
trace of Yazid's grave can be found anywhere.
So, gentlemen, do not
think of the consequence of your verdict to-day or to-morrow, but of its ultimate consequences here to human freedom and hereafter, in another world.
And you have
got to judge for yourself.
RaUi Brothers cannot
judge for you. Forbes, Forbes and Campbell who objected to a small white Gandlii cap cannot judge for you. Mr. Lloyd George cannot judge
Judgment Day will ask Lloyd George about his soul, not about yours, and he may have much to answer for. God will ask you about your individual soul and none others. He won't ask Ralli Brothers or Forbes, Forbes and Campbell about it. i\nd if as a Hindu you for you.
God on
believe only in
his
punishment in this very world through the cycle of transyou must remember that according to your belief,
migration of souls,
God's Judgment will be visited upon here and not hereafter and you will be judged the moment your soul quits its abode in your body and seeks another.
your own and the final with you any more than with the Judge there but
Whatever your
creed, your
Karma
is
Judgment does not rest witli (iod, the Lord of all the worlds.
I
Ill Gentlemen, I have taken much of your time, far more than I' had intended to take or would have taken were it not for being constantly interrupted and stopped. But as I said at the very outset, had it been a case of my individual defence or of all of us accused together only, I
would not have argued at such length and with such persistence.
I
do
not seek to avoid punishment for the j ail is the gateway to India's freedom. Had I sought to avoid punishmenc. I think I would have smashed the entire prosecution
—the
very law
and proved
my
I
couid have cross-examined
the witnesses and torn the'r evidence to shreds. to
"
do that in the case
soldier's
of
duty as such."
Co I
.
Gwyer with
think
canons of this
case according to the
so-called law of the land.
I
may
1
was
really
his enlistment forms
say this though
I
tempted and his
do not pretend
Pubhc Prosecutor or his little assis" my case is so the tant. Nevertheless, hopelessly weak that it could not keep us shut up in the jail for a day even if the Ex-Lord Chief Justice of England himself, better known as Rufus Isaacs, k.c, had his Government's brief. But although a Non -Co-operator and therefore debarred by my duty as such to defend myself, I had to speak up when theViceroy indulged in his hill top ohitey dicta on a matter which he knew and admitted was siih jadice. He said that this was no case of an attack on Islam or If reUgious interference. What could be a more flagrant case of both ? the tallest poppies are to be cut off for upholding Islam and its laws and to be a big lawyer like
friend the
"
What is your opinion about the laws of you ask those who remain " which means Islam" your turn next if you dare to tell the truth" only and you cut off their heads too if they still dare. The result may well be that there will be none to stand up and oppose your will. And then you "
We interfere not with your faiths." If this is non-interference, say you can enjoy the self-complacence induced by such boasts of toleration. But that is not all. We are asked to look at him the tallest poppy of
will
the Israelite garden in England
— as upon
a certificate of British tolera-
I cannot imitate the Ex-Lord Chief Justice of His law is a law unto him and my law and of India. England Viceroy so without is a law unto me. The example of his people, if I may say to avoid and offence, is constantly mentioned in the Quran for the Muslim
tion.
But, gentlemen,
take heed from.
According to the Quran, after Moses (on
whom
be God's
of Egypt and peace and blessing) had brought the Israehtes safely out were asked they had been dehvered from the tyranny of Pharoah, they
to ''
march on to the Promised Land.
We
shall
they said to
never be able to enter "
Moses
while sitting here,"
:
But they it
said, it is
so long as they are
Go thou and thy God and
fight
ruled
by
giants
there."
And
them—we
are
the
112 Well, gentlemen, that's not an example that I am asked to follow " It holy land but to avoid I cannot take that law. " " is ruled by powerful people." go thou and thy They are giants" But I am not here to question the rest here." God and
my
in the case of
We
fight.
example or that law. So far as I am concerned, the Quran is my law, giants or no giants, and I shall fight when my God demands it of me and I shall not rest, nor ask Him to fight the giants of that
propriety
And
himself.
then, but 121,
that this
is
my
the gibbet will
if I
am
to be
hanged
for
it
—for
it is
not Sec. 120 A or
B
waging war against the King, gentlemen, I will still say law and that it is right and even my carcass hanging from Do not therefore think of saving I trust say the same !
me, gentlemen, from transportation for hfe. But if you have a God and if you have a soul to save and if you have faith you will decide according to
your conscience.
Forbes
&
You
company—
of a particular
Campbell
—
are not to consider whether of the
Customs
ot the
that, but only of this that
Greek firm
men,
—
it
is
you are servants Brothers— of Forbes,
—you are to think nothing of
you are slaves and
—
servitors of
God
Gentle-
one important matter so judge according to your connot to save rae but to save yourself. "\Vhen the Judge
this is the
science
office
of Ralii
has said "I cannot allow this" and wanted to stop me, I said to him "then why not stop this farce and hang me outright." Well, he smiled
and replied that it was not only a matter between him and me, but also between him and the public and I had replied that the pubhc had already given their verdict both in this Hall and also in the streets where they crowd 'n their thousands and cheer us going andcoming and the old women
Purdah come out
—as my own mother had
done since and make signs to us indicating that they want to take off our troubles. Well, gentlemen, my defence is before my God and my fellow-countrymen. Here we are now at the bar of this Court as But when before the judgment seat of prisoners and accused persons.
in spite of their
this trial
God, the Judge, the Jury, the accused
all
the co-accused, the
whose " say:
is
dominion
Thine
Dominion."
is
P. P.
and
— every body, assembled and God asks be your answer You will to-day?" — what
his assistant, the king himself
is
will
the Power, the Glory, Thine the
You pray now
"
?
Kingdom, Thine the
Thy Kin^^dom come." But, gentlemen. His Kingdom has come. God's Kingdom has come. God's Kingdom is here even to-day. It is not the kin?don of [^ing George, but God's'J and yon must decide on that basis and I must act on that assumption. That he
why I say I will follow the law of King Goerge so long does not force me to go against the law of my God. I have' is
11
o
no persona] malice against him. I have none even against the here. None Judge Not a single instance of against the Government. that can be quoted from my public speeches. No, gentlemen, we must act from motives of Once the Propublic good not of private mahce. phet's son-in-law, cousin and successor, Hazrat AU was enraged against a Jew who had insulted Islam, and the God of Islam and the Faith of
Islam and Ali had that very instant brought him down to the ground and had jumped on top of him. The Jew thought that he was going to be
and
in sheer desperation spat on AH's face. You have seen, have a vessel full of milk on the fire and about to boil over and j^ou you not, have seen how it subsides the moment a little cold water is poured in. killed
The Jew's wrath
manner and strongly enough the and he left the Jew and walked away. But
spitting acted just in that
of Ali subsided at once
Jew was so astonished at this unexpected turn of events that he " ran after Ali and caught hold of him and said This is very strange. When I said a word you forced me down and would have killed me, and the
when
I
swered
"
And Ali anspat on your face in desperation you leave me? " You insulted God and I could have killed you, but when yon
—
Spat on me I got enraged on my own account and personal ill-will could not go well with public duty. I could be an executioner for the sake of God but not a murderer for Ali." Gentlemen, we two bear the revered
name
of Ali
and
I
hear also the
name
even greater than Ah.
of another
I will not be a party to the killing, of even of a gnat for personal malice,
my God
—
not spare any one I will wife children and all own dear mother, brother, slaughter my aged my said this his voice he as for the sake of God so help me God!" (And but for the sake of
I will kill all,
I will
,
—
failed him, drops of tears
rolled
down
and he
his cheeks
sat
down com-
pletely overcome.)
MAULANA HUSSAIN AHMED'S ADDRESS TO THE Afr.r
Maulana Mahomed
Mariiani Hussain
Ahmed gave
\Xi finished
his
adcrts--
JURY.
io the
Jury,
his address.
Maulana Hussain Ahmed said
:
—
At the time of Mutiny of 1857 to allay excitement Df Indians, the Government had issued Royal Proclamation which contained al! It was a foundation of British rule in India. It i& satisfactory hopes. laid down in the end of it that the Government will work for welfare of Indians and that Government will not expand its territory and will fulfil British
promises to save rights of the Princes and people.
114 residents. The same treatment wiU be meted tb Indians as to colonial was also announced that Indians would Amnesty was given to rebels. It History shows' you that in 1857 rebellion be given religious freedom. in people of occurred on account of religious fenlings which are absent
other countries of the world. History proves that Indians sacrifice everyThe should be so because Gad requires it. thing for religion and this worldly gain is nothing before divine grac*». r \
,
I
.
For this British statesmen issued a Kehgion It was not from Queen alone but by Victoria. proclamation for Queen Lords and Commons. It was confirmed by Edward VII and King George. law
is
of the King.
freedom says that it is not thdr and no one religious convictions on their subjects observance of his obligations. All will be
Its portipn relating to religious
impose their
desire to
would be molested in
religious
We
" order our officers not to molest religious freedom equal under law, of people otherwise thjy will incur our displeasure." After this the Indians were pacified because they believed that it was a Royal Proclaniation
But
and would be followed.
it is
painful to observe that
it
has not been
foUowc'd. 'I
he resolution which
I
moved
is
not a resolution but a religious •.--bli'
a question 1300 years old and not new. It is termed as esolution because 2 Dther passages are associatt-d with it. I know my
gation for
own
It is
all.
Hindus know
religion,
That
their own.
it is
a religicu"^ mattor,
is
Lord Reading or the Judge to decide but for Ulemas to settle. There are 2 factors which show that it is a religious doctrine, nara;ly, the not for
Wordings of the resolution and the that poUce service
llaram
such words,
ing to Shaiat.
wrath.
Rap'i
is
is
Haram Haram in
Mahomed
religion.
of
Quran.
Haram.
it,
.Mi wrote
One
who
cne through blood and heredity and the other by reasons of faith and adoption. I am proud of my rac^r and religion. As a nationalist I love In-iia -vith the inten.^icy pf lovf that only a patriotic heart can feel and I am r-ady tr. lay at the feet cf the MotherIand,to dp all that IS best in me to make her free, prosperous and happy.
As a Mussalman gion. The defence of '
.
ul-Arab,
is
I
am bound
to obey the
commandments
of
my
r^li-,
Khilafat, the holy places of Islam, and the Jazirata religious duty the neglect of which drives one outside the
pale of Islam. I am, therefore, religiously bound to do all in power to keep intact the integrity of Khilafat and the holy places of Islam.
my
My
me
to co-operate with the enemies of Islam. has proved treacherous and false to the cause of
religion forbids
Government Her ministers have shown Turkey and the Mussalmans, by British
Islam.
purpose.
On
account
of the
racial
and
religious prejudices
shameful
towards
to honestv of
prefering opportunism
makeshifts of her ministers and
statesmen, regard British G ''vernment as enemy of my faith. •, therefore, consider it a sin to co-operate with her until she has made amends I
for her misdeeds.
As a non-co-operator
I
can
be
either
or
violent
non-violent
according to the laws of Shaiiat. I am entitled to use force when I have the power to do so, or stay where I am and practise non-violent nonThe use of physical forcq for m-i in the present circumco-operation. stances
is
out of the question.
for seventy milUons of fore, is
th^-'
only thing
Hijrat or migration
is
impracticable
Mussalmans. Non- violent non-co-operation, therethat a Mussalman in this country can practise to
satisfy the dictates of his conscience
and the Commandments
am, therefore, a non- violent non-co-operator Islam was during his life at Mecca.
just as
of
God.
the Prophet
I
of
120
Cvernnieat moral, economic -md politiral-
1
am
believe that a a iion-co-opcrator also because I
v>hkh
l^as
ab>ut tlie deliberately brought
been guiltv of country, and which has has no right to claim inhi:r/.anities of th.^ JalHamvala Bagh deeradation of
tion.
mv
mr,nstrous
my
co-opf ra-
.
As a non-co-operator, i ask for no justice Government. I have, therefore :— 1
I
th.^
.
expect none from this
I
engaged no counsel,
2.
asked no questions from witnesses,
3.
produced no defence,
4.
advanced no arguments excepting on«
am
;
solitary statement
which
allowed by the rule of non-co-operation.
is a mere farce stage-managed dust into the eyes of the throw by an unscrupulous Bureaucracy to
For
I believe
that this so-called trial
people outside India.
The prosecutions have been conceived abinitio in a spirit of commonThe Viceroy, the Government of India, and the fiage and injustice. of Government Bombay, have by means of declarations, communiques and statements in the press zealously tried to poison the minds of the people both in India and in England by creating an atmosphere prejudicial to the interests of the accused persons.
Among
things a lying statement has been published in a Sindh which has also been attached to the record of the
other
notification in
case to the effect that the Jagat
Guru Shankaracharya
of the
Shardha
Peeth, an accused in the case, is only a pretender and not the right claimant cf that title. 'Ihis is surely a wanton insult offered not onh^ to the
person of His Holiness
the
Jagat Guru
but
to
the whole
Hindu
comm.iiiitv.
The proceedings in the Lower Court were carried on in most manner without the least regard for law and procedure.
arbi-
trary
Tliey can be divided into three parts. 1.
The
District Magistrate,
who
In the
first
part,
—
himself appeared as witness con-
stantly attended the Court and not only influenced the committing Magis-
121 Irate
by
his
presence but on one occasion even interfered in the proceed-
make Maulana Mahomed
ordering the Police officer to forcibly sit down while the latter was
ings
by
All
addressing the Court on some
acts of its high-handedness.
mk
2.
The accused were purposely kept
nature of the case and 3.
The Magistrate refused
to take all the evidence
an order stating that the evidence at the Sessions, thus
in the dark as to the true
the evidence against them.
all
making the
of
fact
and even passed
some witnesses might be taken up of the commitment a foregone con-
clusion. 4.
The PubHc Prosecutor was allowed
even to cross-examine his 5.
to
examine the accused, refused to
in the case of the Jagat
Excepting Maulana
and
to put leading questions
witnesses.
The Magistrate though bound
do so particularly 6.
own
Mahomed
Guru Shankaracharya.
Ali, the
statements of the other
accused explaining the circumstances of the case were not recorded. 7.
The charge was not read out and explained
to the accused
who
did not understand Enghsh. 8.
The Magistrate
called on the Public Prosecutor to argue his case
while he never asked the accused, in spite of his promise with Maulana
Mahomed 9.
before
Ali,
The Magistrate had written the
statements
of
the
the committing order at home long accused were recorded or argu-
Prosecutor had ments heard. It was read by him soon after the PubUc beforehand. written The charge was also finished his arguments.
The complaint, the
10.
charge,
and the order
of
commitment
are
ambiguous and misleading. This
much
for the first part.
In the second part' 1.
—
FuU. twenty-four hours
Magistrate had become ILower Court,
///;tc^»s
committment order when the was recalled in the o#c.o-the case
after the
122
j
The Magistrate had done this siio victo without being asked concerned. either by the High Court or any of the parties
2.
do
so
The charges were read out
3.
accused
show the
farcical
to put
j
|
to the
j
in a Hst of defence witnesses.
|
!
were brought to the notice of the Court nature of the proceedings, but were not recorded by
These vitiating
4.
to
who were asked
Urdu but not explained
in
to
effects
|
|
it.
I
Tlius ended the second part. the following manner:
jail in
—
The
third part
was begun
inside the
j
The Magistrate took further evidence on behalf of the prosecution without being asked to do so. 1
.
they would produce any evidence to meet the evidence thus produced by the prosecution. 2.
The accused were not asked
3.
The evidence was
of vital
in
if
no sense supplementary or incidental but It was the same evidence which the
importance to the case.
Magistrate had at
first
by
his order refused to take.
This brought to end the proceedings in the Lower Court.
have stated these facts not with a view to defend myself or take advantage of these illegal and vitiating circumstances, but just to draw I
attention to the farcical nature of the whole case. indifferent to the result of this case.
As
for myself, I
am
In fact I invite inprisonment.
was a mere repetition of what took place in the Lower Court, though it was done here on a more elaborate In this Court too the Jagat Guru Shankaracharya was insulted, scale. the statements of th(> accused were not recorded, the chairs were removed and the accused were made to sit on the floor. The accused were even
The
story in the Sessions Court
threatened to be prosecuted for contempt of the Court. The behaviour of the Court on the whole was that of a prosecutor and not of Judge The Court even arrogated to itself the original jurisdiction which is denied to
it
by
law.
to the charge
The Sessions Court can ordinarily amend or alter or add when such amendment, alteration or addition is trivial.
does not prejudice the interests of the accused and is supported by the evidence on the file. But the in case the Judge changed the present whole nature of the cha-ge a interby adding new section to it and
changing sections in the charge-sheet.
Let
me
explain to
by you what
I
|
1231 really
The charge
mean.
framed by the Court stated that the so-
as
called conspiracy started in 1921, but the Court of Sessions, as
you know,
changed 1921 into 1920. Thus full one year was added to the duration of the conspiracy on the mere presumption that the prosecution would would who a witness to evidence that This is simply effect. give produce preposterous.
Such assumption
unwarranted but
The charge
of
Court
power by the
is
not
only
absolutely illegal and vitiates the whole case.
is
me
spoke in support of a resolution I want you to of the Khilafat Conference held at Karachi in July 1921. bear in mind the wordings of the resolution. It runs thus: against
is
that
I
—
"
This meeting of the All-India Khilafat Conference offers
congratulations to Ghazi Mustafa
Kamal Pasha and
the
its
hearty
Government
of
Angora on their brilliant victories and their heroic efforts for the safety and preservation of tlie Islamic Empire, and prays that they may similarly succeed at an early date in expelling alien forces from every corner of Turkish territory.
"
This meeting further emphatically declares that it is strictly forbidden for every Muslim according to Islamic Shariat to serve, to enlist in the army, or to raise recruits, and it is the duty incumbent on
every
particularly on the Ulema to bring the rehgious com" on this subject home to every Mussalman in the British
MusUm and
mandments
Indian Army. "
This meeting
fiirtlier
declares that
if
British
Government, directly
or indirectly, secretly or openly, takes any hostile action against the Government of Angora, the Mussalmaiis of India will be obliged to take to and further to make a civil disobedience in concert with the Congress ;
declaration of Indian Independence at Ahmedabad."
This
is
the resolution which
is
the crax of this
support every word
gentlemen, that word of it even at the Conference. I
andRepubUcat
me what
I
of it
now
want you
the next Congress
trial.
I
assure you,
as I supported every
to read
it
and read
it
to be ob-
it appears to you we had where at Gokak was A similar resolution passed jectionable. been had British the directly received a telegram from London that My f. end the PdbUc or indirectly helping the Greeks against Angora. Prosecutor wants you to realise the importance of this resolution and I make a of it to him and through him the Government that he
carefully
and then
present
tell
portion of
has the misfortune to represent in this Court. Yes, gentlemen, I attach and I want you to attach a very great importance to this resolution for
an expression of my rehgious opinion which I am commanded by Aliah to convey to the Hussalmans in the Army, and if this expression of the of opinion makes me Hable to be punished under any section Indian Penal Code, I am wilUng to undergo that punishment. This
this is
resolution,
you
will see, declares that it is
serve in the British
Army and
calls
unlawful for a Mussalman to
upon the Ulema and others to convey The Congress, the Khilafat Com-
the message to the soldiers generally. mittee, the Jamait-ul-Ulema,the
Muslim League and other religious and had passed similar resolutions long There is nothing new in this resolution-
poHtical organisations in the country
before the Karachi Conference.
an expression of the same principle in terms of Islam. It it not a statement, rumour or report calling upon the soldiers to disregard
It is only
duty as such nor is it an abetment of meeting or an attempt Therefore sections 131 and 505 of to seduce soldiers from their duty. the Ind'an Penal Code have no application whatsoever. The soldiers or
fail in
their
know
the
commandments
God, but they are in no sense called upon to neglect their duty. It declares as unlawful for them to serve in the army, when such service makes them do any act
are required to
against the law of Shariat muunts to a coiiscientinus
;
which
is
it is
of their
therefore conditional.
It merely tanta-
the whole thing is conditional, to take place uiulcr given circumstances. The Muslim soldiers, objection,
the circumstances do not permit their service in the army, are warned on religious grounds to secure their discharge from the army. The discharge can be secured by means of perfectly legal methods. It does not
if
necessarily
do
mean
that in order to secure their discharge the soldiers
must
They can acquaint their superior officers of their rehgious can resign or apply to be struck off the rolls or buy obligations, they their discharge and use many other ways in getting out of the army and illegal acts.
that only
when they
want
to
I
you
are called
particularly
disobedience of law
is
Committee" resolves
upon note
to
do an act against their
that
in
the
not to be resorted to until the
same "
religion.
resolution the
All-India Khilafat
to that effect in consultation with the Indian
tional Congress.
This
is
on the whole case
anrl
I
Na*
a very important point having a direct bearing would therefore put it to you in another way:
—
The charge against me is that I have asked the troops to swerve from their duty. Does this resolution say that I have directly or indirI tell the ectly done anything of this sort ? sepoy that it is "haram" for liiiu to serve in the British I admit that it Army. implies that if a sepoy
125 according to his conscience believes in the commandments, he would In pursuance of the Congress resolution we have said similar resign. things to pleaders. We have never compelled any pleader nor have we resolved to compel any sepoy. The natural consequence of this resolution is not disobedience of law or breaking of allegiance or neglect of duty^ The first step would be to secure discharge. We do not say 'do it by
means.' If
illegal
by
legal
Up
to
means.
I
am
liberated
I
shall tell the sepoys to secure discharge
This resolution speaks of civil disobedience in future. not resolved about putting civil disobedience into
now we have
practice.
May my countrymen have
strength enough to adopt civil
disobedience.
—
am
further charged with conspiracy to seduce soldiers conspiracy requires agreement between two or more persons to do an illegal act. It also requires definite tangible proof of that agreement now I ask you as I
;
conscientious gentlemen, in the presence of
dence on the act
file
of an agreement
God to
do.
there
any
evi-
illegal
The Government ought
to be
of basing their claims on mere presumptions. that it is not necessary for all the conspirators to
I
ashamed admit
is
:
do any
between any two
—a mere presumption would not
say
of us to
am
prepared to
meet and arrive
at an agreement to do an illegal act, but it is necessary for the prosecution to prove that any two at any onv time, at any one place agreed to
go
to the soldiers calhng
upon them
to break
their
allegiance or dis-
has tried to regard or neglect their duty. The Public Prosecutor I want but you to pay no your brain with several technicalities,
muddle heed to
the technicalities of the case, for you are here to decide on broad open act on the part of the accused facts, whether there has been any overt
which can bring them within the clutches of the law. The prosecution has made frantic efforts to prove an overt act. Certain leaflets have been Officers in the army have act. brought on the file to prove an overt as witnesses to depose that attempts were made to seduce the soldiers. These leaflets will show to you the hypocrisy and the sheer
come forward
absurdity of the whole case.
want you The also to carefully note the envelopes and the handwriting thereon. stations different of envelopes containing the leaflets bear stamp-marks but they in the United Provinces for instance Mrradabad, Kaushi, etc., and size are all of the same colour, the same quality, of the same texture
Now, gentlemen, you can
see the legality for yourself
and
I
and even the same handwriting— this much about the envelopes. Now as to the language of the leaflets you will sec that it is absolutely incorrect.
126 not only ^vrongly quoted but also tamVerses from the Holy Quran are name either of the printer leaflets bear no names—no pered with. The to have been printed at some "Shauq" press or pubHsher-they appear this fact. They further seem to have in Lahore—no evidence to prove of the Pubhshing House, been published by the "General Secretary from Lahore, Delhi or the United Delhi"_no evidence is produced either of the documents in question or even Provinces to prove the genuineness institutions and persons as given in the the existence of such wonderful tricks and contemptible artifices the Bureauleaflet, and by such shabby to prove the charge against us of attempting to seduce cracy in India wants as I have Muslim soldiers from their duty. As to the conspiracy itself, to shew file the on of evidence tittle a to you, there is not just explained came to or hfe conspired that any two or more accused at any time in their act. I want you also to remember that the to do
any
an agreement
illegal
language
the charge, therefore an illegal
made
not the subject of act on the part of the accused outside the
of the resolution or of the speeches
is
Conference pandal, must be proved before the charge under these sections can be established. I
am
sorry, gentlemen, that none of you is a Mussalman, you are Hindu. It is difficult for you to understand the nature.
either Christian or of this case
want you
I
for
to
:
compare the verses
your convenience, with the original text given in the Holy Quran which I am placing before you. I am glad you see the difference between the two. Now this will clearly shew that none of the accused could have ;
given in the leaflet
made such
glaring mistakes nor such a responsible body as the Khilafat Committee could do such a thing as this. Probably, you know that for a Mussalman it is considered to be a great sin to alter, add or amend a
simple alphabet, syllable or a jot of a Quranic verse. Besides, the Khilafat Committee would have pubhshed leaflets over the signatures of the Secre-
some responsible members just as they passed the resolution was passed at a "Subjects Commitopenly. tee" before it was finally adopted by the Conference, but the prosecution
taries or
It is said that the resolution
has not produced a single eye-witness to show the presence of all thg accused at the "Subjects Committee." Only one witness who deposes that
he recognised Maulana Shaukat AU's voice at the 'Subjects Committee,' Now at the Subjects Committee it is not necessary that all members should attend or all members should vote. It need not be a unanimous resolution of the
the
mv.YQ.
members
pre>ence of
present, therefore
it is
no evidence
one on the Subjects Committee
his connection with the conspiracy.
I
would
is
to say that
enough to prove
like to call
your attention
.
127
"Fatwa"
to the
of the
Probably you know that the *Jamiat-ulits o^vn and it
Ulema.
a distinct body, with a separate organisation of has nothing to do with the 'Khilafat Committee' as such.
Ulama'
is
The Fatwa
is
Ulema and
is published with the authority of the Secretary This has been put in simply to poison the mind of the Judge and the Jury, otherwise it has no bearing on the case and is not a subject of the charge. The law is very clear on all the points to
signed by 500
of Jamiat-ul-Ulama.
which
I
have drawn your attention, but
I
do not want to argue by quoting
I am just attempting to show that the case, a mere farce and a travesty of justice and that no Indian can expect fair play in Courts established under a system of Government, which is not only irresponsible and wicked but is totally opposed
authorities or citing cases.
one-sided as
it is
—
is
to the moral, mateiial
Government
of the
is
and
The motive Swaraj and the
political interests of the country.
to cause
harm
to the Khilafat,
the present case is a direct attempt on the part of the Bureaucracy to give a stunning blow to the rising aspirations of the country.
Hindu-MusHm unity and
do not wish to say anything about Islamic law on the friends Maulana Mahomed Ali, Maulana Hussain Ahmed
Gentlemen, question.
My
I
Saheb have both dealt with
this at length
statements you will come to
kaiw
of the question.
Hussain
Ahmad
you care to study
if
their
the true nature of the religious aspect
Maulana Mahomed is vvell
and
Ali
is
a learned man.
Maulana
Shri Shankaracharya is
versed in Islamic law.
Pir Mujaddid has lakhs of followers. being adored by crores of Hindus Maulana Nisar Ahmad Saheb claims a large following in the United Pro.
and Maulana Shaukat
vinces
he "
is
Ali,
And
a host in himself.
great friend" of Sir Michael
is still
I
hills
my
in
what he is, am an old jail bird and
see for yourself
for myself, well, I
O'Dwyer the ex-satrap
crying himself hoarse about
was deported
you can
me
of the
Punjab who
in the distant land of England.
my house at Amritsar to the Dharamsala the Punjab." On my deportation some of
1919 from
"
by the Strong man of countrymen were shot down
in cold blood
by the long arms
of the
Bureaucracy for having dared to claim my restoration. Some of my countrymen under circumstances of grave provocation thn=. caused, lost their self-control and in turn killed a few Englishmen and burnt a few buildings in Amritsar.
condemned by
their
13th of April 1919.
very wrong act indeed— they were citizens at the JalHanwalla Bagh on the famous
For
own
this act, a
assembled in their Just as the people of Amritsar
128 caused by thousands and were in the act of condemning the provocation of their own deeds senseless the and hand one the bureaucrats on the of the General orders on the other, they were fired upon by
countrymen
of Bureaucracy, and left dead and wounded Dyer, the renowned warrior their glorious death as martyrs in the cause without medical aid to meet of their country.
and love which the people of Amritsar of Satyabore me for the humble services I had rendered in the cause memorable of that absence elected me President graha, they had in my and had put my photograph meeting of the 13th at JaUianwallabagh This was one of the gravest offences I had been guilty of in the Chair. I have a long list of offences of the Punjab Bureaucracy. in the of the fullness of heart
Out
eyes against me.
I
give
you
just a
few for
I
cannot remember
all.
was among the first in the Punjab to take the vow of Satyagraha. I had also formed a Satyagraha Association in Amritsar and organized I had agitation throughout the Punjab against the Rowlat legislation done all in my power to expose the mis-rule of the Punjab Government* I had also inparticularly its boastful Governor of Martial law fame I
—
—
vited the Congress to hold
its
session at Amritsar to hear the stories oj
O'Dwyerism regime. Thus you see, gentlemen, I was rightly regarded a dangerous man by the Government of the Punjab, therefore after the cold blooded murder of the JaUianwallabagh they could not find a better man to be placed at the head of a conspiracy atrocious mis-rule of the old
which was alleged to have been started at Amritsar with the distinct This was a most convenient object to overthrow the British rule in India. thing concocted by the fertile brain of Sir Michael and his colleagues to hide the sins of their own acts of commission and omission That was a .
movement, gentlemen, inaugurated by the Bureaucrats
of India, parti-
cularly the Punjab, to thwart the object of the reform scheme.
time
Bombay raj
This
a conspiracy on the part of the Government of India with the Government as its tool to defeat the object of the Khilafat, Swa-
it is
and Hindu-Mahomedan unity.
for the sake of
case.
your own
Therefore I request you to be careful salvation before you give your verdict in this
Your judgment against me
will
be against
my religion, my country,
the purpose of this agitation for which I am hauled up in Court, is that I as an Indian, claim to Uve own freedom of Ufa with absolute my
for,
thought, of speech, of action
and
fferent as to
I
your
verdict
and
of conscience
request
I
am
absolutely indi-
the Judge to give
me
the liUJ
129 penalty of the law by transporting to a lesser term of imprisonment.
am an
—
me
for
life
and not
condemn me
to
—
frankly admit. I am also a revolutionary for the movement of non-violent non-co-operation is nothing if not a revolutionary movement. In the method of agitation I follow my reI
nowned
agitator
leader
I
Mahatma Gandhi who
is
at once a
saint,
a
seer
and
a
practical man, I am also the founder of the Swaraj Ashram at Amritsar and the Government is very anxious to know the absorbing mystery of I have dedicated my life at the Ashram and have its inner working.
vow
not to do anything for personal gain till the repitition of the Punjab wrong is made impossible, Khilafat wrongs are righted, and its complete liberty of thought, action and conIndia gains Swaraj
taken a
—
science.
I
none
have no hatred of foreign race, religion or countr}/, but my love and loyalty to my God and my country.
I
yield to
in
thank you, gentlemen, for giving me an opportunity of explaining I myself fully and also thank you for giving me a patient hearing. Counsel. the Crown and the thank also Judge I
In against you or against any one personally. the end, I appeal to all to remain non-violent till the end and follow Mahatma Gandhi till we have gained what we are fighting for. I
have no
ill-will
The Court then
rose
amid loud acclamations
of
and the leaders departed in the prison van "Bande Mataram" and" Allah-o-Akbar."
n '"
SIXTH DAY'S i^ROCEFDINGS:
'••'
^^
Saturday, 29th October 1921.
PIR GHULATvl MU-JATMD;S ADDRESS TO LHlf JURY,^ '
j;
Ghulam
Pir
Sindhi
in
spoke
Before
to address the jury,
upon
' :
,,^
to the case proper, I want to say that I have regard power and L P. Codes of Government only so long as
demand from me any thing, contrary
they do not
Quran and If
being called
:—
come
T
for the physical
of
Mujadid s'lid
;j:
to our religious
Shariat.
Laws .'
:
.-
demanded anything from us which is contrary commandments, then it will be the duty of not myself
the ruHng power
to put reUgious crores of Muslims to alone, but
destroy that authority. We 'have been prosecuted here on a charge of a "Conspiracy to seduce soldiers''* but we never discussed the matter at any time. I am a Mushrri Alim and '
a Pir.
I
have necessarily to act according to 1 have not yet obe3'^ed the order fully!'/
tlie'
Quran. the resolution in Sindhi. .tained
Quranic orders
Qod
liw.
says:
I
commahdmenis
nave only tran^lat^d
The Fatwa was drafted by Ulema' and dbTiand I was bound to sign and obey it,. Jt is God's
—Those who know God's law should propagate
or else God's curse will
of
fall
on them.
it,
|
widely
Another A^'at says:-^The Alims.ar^
duty-bound to convey the doctrine of God to all. It is incum'beiil "on all Muslims to .propagate the law of Islam to all. Another Ayat says:
—
.
You all
will
be considered good only
people in general.
Government
?
If it is
when you communicate My,(3rder49
Now
Or should we obey the should we obey it ? a crime to obey what is commanded in the Holy
Quran, then all the Ulema who daily teach and explain Quran to thou" sands of pupils are also to be, one daj^ prosecuted like us by the law courts.
One
ancestors had been prosecuted only because he did not King though he was a MusUm. But I consider it fortunate for me if I am even hanged for refusing to obey the orders of a Non-Muslim Government when tlinse orders conflict with Islam.
bow
of
my
before a
1 Hazarat I
am
also
long as
I
Abubakar one of you and .\li
Sidique, one of the greatest Khalifas, said:
I an your King, only do not go against the law of Islam.
I
—
should be obeyed sg
'The same thing wa«^ declared by Hazrat a. Khalifa. ';
:
Now God commands
Amir Umar when he became
us to propagate His Divine doctrine to
all,
but
Government is prosycudng us for that. An Ayat says:—The Ulema and Pirs who would not propagate God's orders to others will be awarded eternal Hell. But I cannot understand the aim of this Government
thi§.
Is it that iynp'
^
it.':
they forbid us to say what our Quran says
?
'"'''
Quran orders;— Don't kill a behever. Now God says so but the Government says that vve should go and fight against our own brother Muslims. And if we forbid our fellow brothers from going against God's Ail^.h in
But Muslims don't
orders,, v/e are hanged.
and hanged t'j
they are even killed be.^ause for a Muslim it is a privilege
for the sake of Islam,
be sacrificed for
if
religion.
'
MalilaiiaHtissain |»TiiiishnTent to
care
,
Ahmed
be meted
recitv.d
,-
many x\yats and Hadiths about the who kill a Mushm. But I don't I -vant merdy to say that God has
out to those'
want
to repeat those Ayats again. ordered us 7 times in ube Holy Quran not to help
even any one in mur-
a if any Muslim even points out with a sword to 'd?'/-ing'a Mussalrrian. Mhilihi 'K'iih aih id^a of kilhne, he is to be eternally cursed. There iare
Amur and Nahi. Nahi deals do d.nd Amur deals with those things which we are forbidden to
nvo'^Tcindsbf orders for us in ^Vjtfi thcise
thiijg^ \vliich
'V.-e
th*^
Quran
(1)
are ordered' to do.
X j,-; -"ir
Allah
oi:dei.-s us:--^
obedient to Me.
Do
Now
not
kill
should
a
Mushm
we not obey
H the
Quran and should we not communicate the law ^;.;/-.;
In "Quran Allah says
:— It
is
you
'haram' for a
kill,
you
vnll
be dis-
commands of. God and God to all f
of
Mushm
to kill a brother
if we sAys that a certain thing is not lawful and do that -to brothers 'find dUi- brothers doing it, should we not forbid onr
'Muslim;
^thilig
Now
if
God
and thus save him from the punishment
of
God
?
-!^ii^
^
Muslims, without caring for caste, colour or creed, whether they are of 'West> Ea^t, North or South, whether they belong to India, Arabia, ^MorrbCGj or Turkey, are limbs of one body if they all recite the one h6ly Mahomed is His Prophet." •i
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