Gandhis Assassination Chapter 2 The Arrests The Trial and the Deepening Conspiracy

Aug 27 2024 6 Min read #history archived

The Arrests, The Trial, and the Deepening Conspiracy

On 30 January 1948, when Nathuram Godse fired the fatal shots at Mahatma Gandhi at Birla House, he surrendered immediately to the Delhi Police. That very night, the investigation began. For a short while, the public was in suspense about the identity of the assassin. Wild guesses spread across Delhi, with fears among refugees that one of their own might be the culprit. But soon it was revealed that Godse was neither Punjabi, Bengali, Sindhi, nor a refugee. In cities like Amritsar, Ambala, Calcutta, and Kanpur, this news brought a strange sense of relief, even joy, among communities burdened with suspicion.

Nationwide Arrests Begin

The arrest of Digambar Ramchandra Badge followed on 31 January 1948 by the Pune Police, and he was later transferred to the custody of the Bombay Police. The police forces across the nation launched a massive crackdown under the Preventive Detention laws, leading to the arrest of thousands, including Vinayak Damodar Savarkar (Veer Savarkar). Although Savarkar was initially held under Preventive Detention, his status later changed to that of an accused in the Gandhi murder case, based on information he provided during the investigation. This shift had significant legal and political implications, as detailed in the section dealing with Savarkar’s involvement.

Gopal Godse’s Arrest and the Final Roundup

On 2 February 1948, Gopal Godse (Nathuram’s brother) said goodbye to his wife and left his home in Khadki, Pune, knowing well that his arrest could come at any moment. By 5 February, he had reached Kamshet, planning to walk ten miles to Uksan. But he was soon tracked down and arrested.

On 6 February, Shankar Kistaiyya, a servant of Badge, voluntarily walked into the CID Office in Bombay. The final arrests included Nana Apte and Vishnu Karkare, both apprehended in Bombay on 13 and 14 February, respectively. Dr. Parchure of Gwalior was arrested separately and imprisoned in the Gwalior Fort.

Transfer to Delhi and the Red Fort Imprisonment

On 25 May 1948, most of the accused held in the Bombay CID Office were flown to Delhi in two batches. Savarkar, due to ill health, was brought to Delhi the following day. On 27 May, all the accused, including Savarkar and Dr. Parchure, were taken to a special prison in the Red Fort, where they finally came face to face.

Badge, by this time, had turned approver and no longer sat in the dock with the other accused. His testimony would become central to the prosecution’s strategy.

Legal Machinery: Special Court and Accelerated Procedures

The legal proceedings were held under the Bombay Public Security Measures Act (Act IV of 1947), passed in 1947 and extended to Delhi in 1948 specifically for this case. The law allowed for a special court with a single judge vested with extensive powers: to record and bypass standard procedures, to pronounce capital punishment or life imprisonment, and to expedite appeals. The legal framework aimed for swift and continuous prosecution.

The court itself was located on the first floor of a large hall, about a hundred feet long and twenty-two feet wide. On 27 May 1948, the day of the first formal session, the environment shifted from the murky isolation of prison to the brighter, more public setting of a court.

Spotlight on Savarkar and Public Spectacle

The Gandhi murder case had assumed monumental importance, not only because of the assassination itself, but also due to the implication of Savarkar, a national figure with a storied past of revolutionary activity. Known for forming secret societies to overthrow British rule, enduring torturous incarceration, and articulating a bold Hindu nationalist vision, Savarkar’s presence in the trial elevated its intensity and controversy.

As the judge entered just before 10:00 AM, photographers captured the moment. Shri C.K. Daphtary, the Public Prosecutor, read the charge sheet, and the defense was instructed to receive witness summaries by 2 June. The next court date was fixed for 3 June 1948.

Shri Annarao Bhopatkar, though primarily representing Savarkar, was assigned general guidance for the entire defense. Alongside him, Ganpat Rai, Jamnadas Mehta, and others supported the legal defense for the remaining accused.

Charges Framed and Initial Denials

On 22 June 1948, formal charges were framed. Each accused was asked to confirm or deny the charges. All denied.

Madan Lal submitted a written statement, denying any intent to harm Gandhi. According to him, the 20 January bomb incident was merely a protest against Gandhi’s pro-Muslim policy, not an assassination attempt.

Dr. Parchure raised jurisdictional objections, arguing that he was a Gwalior State resident, and since Gwalior had not acceded to the Indian Union, no extradition warrant had been issued against him. Furthermore, since the Arms Act did not apply in Gwalior, he claimed that any charges under that act were invalid.

Courtroom Events and the Birla House Visit

After the court began hearing the prosecution, C.K. Daphtary requested a visit to the Birla House, the site of the assassination. Godse declined. Others like Apte, Karkare, Madan Lal, and Gopal Godse agreed. Savarkar, Dr. Parchure, and Kistaiyya refused.

On 24 June 1948, the accused who opted for the visit were taken to Birla House. The experience was emotionally intense. It was not just a crime scene — it was the site where a defining chapter of Indian political history had ended. This was the very spot where:

  • The fast for the ₹55 crore payment took place.
  • Gandhi had allegedly stated that refugees should vacate Muslim homes so the original Muslim owners could return.
  • Anti-Hindu policies, as the accused perceived, were being formulated and justified.
  • A narrative of non-violent freedom was being claimed, while, in the eyes of the accused, the blood of Partition’s Hindu victims told a different story.

To the accused, the atmosphere was drenched in blood, not just Gandhi’s, but the countless lives lost during Partition and communal riots. They felt they were now part of that same bloody continuum that their blood might soon be added to the narrative.

Prosecution’s Case: Links and Conspiracy

The trial resumed with the prosecution attempting to establish a network of relationships among the accused. It was undisputed that Godse and Apte were the editor and manager of the Hindu Rashtra newspaper. The prosecution traced their movements to Bombay, Delhi, and Gwalior, and confirmed their stay at Marina Hotel, New Delhi, from 17 to 20 January, and later at the railway station’s retiring room on 29–30 January 1948.

It was alleged that Karkare, Gopal Godse, Madan Lal, Badge, and Kistaiyya also met at the Marina Hotel on 20 January, though the only evidence was the testimony of Badge, the government approver.

A hotel witness produced the register showing false names used by Godse and Apte. A taxi driver testified that he drove Godse, Apte, Gopal, Karkare, Badge, and Kistaiyya to Birla House on the 20th and returned with three of them to Connaught Place.

To prove Dr. Parchure’s connection, witnesses testified that he hailed from British India, which would make extradition unnecessary. The state of Gwalior had not merged with the Indian Union yet, but prosecution argued this detail did not exempt him from Indian law.

To claim the conspiracy continued beyond 20 January, a witness from Thane stated that Godse, Apte, Karkare, and Gopal held a meeting post-bomb attempt. However, the defense maintained that a mere meeting did not prove conspiracy.

The Magnitude of the Trial and the Turning Point

The prosecution built its case with 149 witnesses, filling over 720 pages of testimony. Finally, on 8 November 1948, it was time for the accused to respond.

Accused No. 1: Nathuram Godse expressed his wish to make a detailed personal statement.

C.K. Daphtary objected, fearing the speech would be too long. The Special Judge overruled him, inviting Godse to begin.

And so, Nathuram Vinayak Godse began the statement that would become one of the most controversial declarations in modern Indian history — a justification that, for him, was political, not personal.