*The Red Fort trial* At the conclusion of the war, the government of British India brought some of the captured INA soldiers to trial on treason charges. The prisoners would potentially face the death penalty, life imprisonment or a fine as punishment if found guilty. It was initially believed by Auchinleck that no less than twenty death penalties were likely to be confirmed. Between November 1945 and May 1946, approximately ten courts-martial were held. The first of these, and the most celebrated one, was the joint court-martial of Colonel Prem Sahgal, Colonel Gurubaksh Singh Dhillonand Major General Shah Nawaz Khan held in a public trial at Red Fort. The then Advocate General of India, Sir Naushirwan P Engineer was appointed the counsel for the prosecution. Nearly all the defendants in the first trial were charged with "Waging against the King-Emperor" (the charge of treason did not exist in the Indian Army Act, 1911) as well as torture, murder and abettment to murder. The three defendants were defended by the INA Defence Committee formed by the Congress <http://webcache.googleusercontent.com/102706> and include legal luminaries of India of the time including Jawaharlal Nehru, Bhulabhai Desai, Kailashnath Katju and others. The trials covered arguments based on Military Law,Constitutional Law, International Law, and Politics and much of the initial defence was based on the argument that they should be treated as prisoners of war as they were not paid mercenaries but "bona fide" soldiers of a legal government, the Provisional Government of Free India, or the Arzi Hukumate Azad Hind, "however misinformed or otherwise they had been in their notion of patriotic duty towards their country" and as such they recognized the free Indian state as their sovereign and not the British sovereign. [*Stephen P. Cohen "Subhas Chandra Bose and the Indian National Army" "Pacific Affairs" Vol. 36, No. 4 (Winter, 1963) pp 411-429 *] Those charged later only faced trial for torture and murder or abettment of murder.
These trials attracted much publicity, and public sympathy for the defendants who were perceived as patriots in India. The Indian National Congress and the Muslim League both made the release of the three defendants an important political issue during the agitation for independence of 1945-6. Beyond the concurrent campaigns of noncooperation and nonviolent protest, this spread to include mutinies and wavering support within the British Indian Army. This movement marked the last major campaign in which the forces of the Congress and the Muslim League aligned together; the Congress tricolor and the green flag of the League were flown together at protests. In spite of this aggressive and widespread opposition, the court martial was carried out, and all three defendants were sentenced to deportation for life. This sentence, however, was never carried out, as the immense public pressure of the demonstrations and riots forced Claude Auchinleck, Commander-in-Chief of the Indian Army<http://webcache.googleusercontent.com/528063>, to release all three defendants. Within three months, 11000 soldiers of the INA were released after cashiering and forfeiture of pay and allowance. Harvnb|Childs|2000|p=28] On the recommendation of Lord Mountbatten, and agreed by Nehru, as a precondition for Independence the INA soldiers were not re-inducted into the Indian Army. [Source: < http://en.academic.ru/dic.nsf/enwiki/116913>.] On 4 July 2010 20:02, <[email protected]> wrote: > > > > GENERAL MOHAN SINGH, GENERAL SHAH NAWAZ, AND CAPTAIN SEHGAL ON RELEASE > FROM BRITISH JAIL IN INDIA IN 1945 STOOD TOGETHER LIKE BROTHERS, HANDS > HELD, ON ONE PLATFORM AND PROMISED INDEPENDENCE TO ALL THE PEOPLE OF INDIA. > > But NEHRU standing in the wings got very upset. He called them "TRAITORS" > and asked the VICEROY OF INDIA to put all the INA officers and men on trial > by COURT MARTIALand send those BRAVE MEN TO GALLOWS or JAIL in disgrace. > > NEHRU went to his bosom friend, MOHAMMED ALI JINNAH, and said, "Brother, if > these three have their say then you and I will end up with nothing." > > Jinnah, the equally clever barrister and former President of All-India > Congress Party (same position that SONIA MAINO from Italy holds in Bharat > today), then told Nehru his TOP SECRET. > > On August 14, 1947 that TOPSECRET was seen by all the world. Our Jawaharlal > Nehru felt very autocratic and supreme while his India SHRANK in fear and > *SIZE*. > > 15 million bedraggled and grieving poor HINDU/SIKH refugees were pouring in > from West Punjab, East Bengal and KASHMIR in endless streams for months to > come. > > "People of (Akhand) Bharat, don't let the Hindu bashing Government > ("Sarkar") RE-WRITE India's history or keep you slaves of Dynasty any > longer. Let us send them flying to Hell to keep company with Nehru!" > > Kuru > Jul 4, 2010 > DO SEE THIS TO UNDERSTAND *TRUE* ISLAM: > > http://apologetica.us/2010/06/28/uk-muslim-leader-admits-that-islam-is-not-a-religion-of-peace/ > > __._,_.___ > Reply to > sender<[email protected]?subject=tale%c2%a0+of%c2%a0+three%c2%a0+indian%c2%a0+brothers>| > Reply > to > group<[email protected]?subject=tale%c2%a0+of%c2%a0+three%c2%a0+indian%c2%a0+brothers>| > Reply > via web > post<http://groups.yahoo.com/group/Janshakti/post;_ylc=X3oDMTJxNmdrZGY4BF9TAzk3MzU5NzE0BGdycElkAzg2NDUzMzkEZ3Jwc3BJZAMxNzA1MDY0MDA1BG1zZ0lkAzE3MTg1BHNlYwNmdHIEc2xrA3JwbHkEc3RpbWUDMTI3ODI2MzE0Nw--?act=reply&messageNum=17185>| > Start > a New > Topic<http://groups.yahoo.com/group/Janshakti/post;_ylc=X3oDMTJla2NmOTVrBF9TAzk3MzU5NzE0BGdycElkAzg2NDUzMzkEZ3Jwc3BJZAMxNzA1MDY0MDA1BHNlYwNmdHIEc2xrA250cGMEc3RpbWUDMTI3ODI2MzE0Nw--> > Messages in this > topic<http://groups.yahoo.com/group/Janshakti/message/17185;_ylc=X3oDMTM2bDVpZmNkBF9TAzk3MzU5NzE0BGdycElkAzg2NDUzMzkEZ3Jwc3BJZAMxNzA1MDY0MDA1BG1zZ0lkAzE3MTg1BHNlYwNmdHIEc2xrA3Z0cGMEc3RpbWUDMTI3ODI2MzE0NwR0cGNJZAMxNzE4NQ-->( > 1) > Recent Activity: > > - New > Members<http://groups.yahoo.com/group/Janshakti/members;_ylc=X3oDMTJmZWM5M240BF9TAzk3MzU5NzE0BGdycElkAzg2NDUzMzkEZ3Jwc3BJZAMxNzA1MDY0MDA1BHNlYwN2dGwEc2xrA3ZtYnJzBHN0aW1lAzEyNzgyNjMxNDY-?o=6> > 1 > > Visit Your > Group<http://groups.yahoo.com/group/Janshakti;_ylc=X3oDMTJlNnBpYWJxBF9TAzk3MzU5NzE0BGdycElkAzg2NDUzMzkEZ3Jwc3BJZAMxNzA1MDY0MDA1BHNlYwN2dGwEc2xrA3ZnaHAEc3RpbWUDMTI3ODI2MzE0Ng--> > All wealth belongs to the Divine and those who hold it are merely its > trustees-Aurobindo. > Supreme Happiness in life is conviction that we are loved > MARKETPLACE > > Stay on top of your group activity without leaving the page you're on - Get > the Yahoo! 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