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PART

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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.

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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

•

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.

.

.

..21

..

..

..

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.

.

.

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26

2& 27

28

.

. •

.

.

. .

.

.

28

.

.

• •

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.

29

.

.

30

,

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..

'..

..

.

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•

•

•

• •

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30

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.

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.

.

.

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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