REX Versus: Nathuram Vinayak Godse & others.
May it please Your Honour,
I, Nathuram Vinayak Godse, the first accused above named respectfully beg to state as under:
(1) Before I make my submission as regards the various Charges. The charges as framed are not according to law, in as much as there is misjoinder of charges and there ought to have been two separate trials one relating to the incident of the 20th of January 1948 and the other relating to the incident of the 30th of January 1948.
The two having been mixed up together the whole trial is vitiated,
(2) Without prejudice to my above submission I make my submission in respect of the various charges as framed as stated hereafter.
(3) In the charge-sheet preferred against the accused, a number of counts has been stated and each of the accused individually and jointly with others has been charged with the commission of the various offences punishable under the Indian Penal Code and other statutes,
(4) It appears from the charge-sheet that the Prosecution takes the events that have happened on 20,1,1948 and thereafter on 30,1.1948 as one and the same or a chain of events in continuation of one and the same object, culminating in the murder of –Gandhi ji. I therefore wish to make it clear at the outset that the events up to 20th January 1948 are quite independent ‘and they have no connection whatsoever with what happened thereafter and on 30-1-1948,
(5) The first and the foremost amongst the said charges is the charge of conspiracy, amongst the accused to murder Gandhi ji.
I shall therefore first deal with the same. I say that there was no conspiracy of any kind whatsoever amongst the accused to commit any of the offence mentioned in charge-sheet. I may also state ‘here that I have not abetted any of the other a accused in the commission of the alleged offences.
(6) I say that the evidence led by, the Prosecution in this regard does not establish and prove’ that there was any conspiracy whatsoever. The only witness who deposes about the alleged conspiracy is Digambar R Badge (P.W. 57). He is a totally unreliable witness as will be shown to Your Honour by my counsel when he will explain the evidence in the case and deal with the evidence of this witness P.W.57.
(7) As regards the charge of collecting and transporting arms and ammunition without license, and abetment thereof on 20.1.1948, I say that I deny the said charge and say that I neither carried or transported gun-cotton-slabs, hand-grenades, detonators, wicks, pistols, or revolvers and cartridges etc. as alleged, nor did I have under my control any of such arms and/or ammunition nor did I abet and aid any of the accused to do so either before or on or about the 20th January 1948 or on any other date. I deny therefore that I contravened any of the provisions of the Indian Arms Act or the Indian Explosives Substances Act and that I committed any offence punishable under the said Acts.
(8) The main evidence in regard to this charge is the evidence of Digambar R Badge (P.W.57) but as stated in paragraph 6 above he is a totally unreliable witness. This witness Badge (PW. 57) is known to me but he hardly used to come to me nor have I ever visited his place of residence since several years past. “His statement that he came to the Hindu Rashtra Office on 10.1.1948 being brought there by Apte – the accused No 2 is totally false and I deny that the said Badge saw ii at the Hindu Rashtra Office or any other place on that day, or that in my presence Apte and he had any talk amongst themselves about gun-cotton-slabs, hand-grenades, etc and about the delivery thereof at Bombay as falsely alleged by the said Badge. His statement that Apte asked me to come out of the room and that Apte told me that Badge was prepared to hand over the hand grenades etc. and that one work was over is totally false. This is a story got up by Badge to implicate me and others into the alleged conspiracy. I further say that I neither saw nor met Badge on 14.1.1948 at Dadar either alone or in the company of Apte. I did not even know that Badge had come to Bombay on that day.
(9) I further deny that I had in my possession or under my control while at Delhi or abetted any one to have and possess on 20.1.1948 any arms or ammunition as stated in the charge sheet under the heading “Secondly” Paragraphs B (1) and (2).
Here also the evidence to support this charge is of Badge alone and I say that he has given false evidence to save his own skin for, on that condition alone, he could secure the pardon promised and granted to him,
(10) As regards the charge under the heading “Thirdly” I say that I deny the said charge and the abetment thereof as stated in several paragraphs A (1) and (2) and B(1) and (2).
(11) As regards the charge under the heading “Fourthly” paragraph 2, I deny that I abetted Madanlal K Pahwa either myself alone or along with others to explode a gun-cotton slab on 20.1.1948 at Birla House. I say that there is no evidence to substantiate this charge and whatever little evidence there may be can hardly connect me with the explosion of the gun-cotton-slab.
(12) As regards the charge of abetment in the “attempt to commit the murder of “Mahatma” “Gandhi” under the heading “Fifthly” in the charge sheet, I deny the said charge and say I had no connection either directly or indirectly with Madanlal K Pahwa or any other person whatsoever. I say there is no evidence whatsoever to support this charge.
(13). As regards the charge under the heading “Sixthly” in the charge sheet as to paragraph A(1) and (2) thereof, I say that I have not imported or brought unlicensed pistol and ammunition with the assistance of Narayan D Apte. I also deny that Dr.Dattatraya S parchure and Narayan D Apte procured the said pistol, or any one of them individually or jointly, abetted me or themselves each other in such procuration of the said pistol and the ammunition. –I further say that the evidence produced by Prosecution in that behalf is not reliable. Without prejudice to above I further say that even if the acts mentioned in these paragraph A(1) and (2) may have been committed, this Honorable Court has no jurisdiction to take any notice of them. I further say that so far as I am concerned the charge if any would merge under the charge Para- graph B(1) under this head.
(14) As regards the charge under paragraph B(1) and (2) I admit that I had in my possession automatic pistol No. 606824 and cartridges. But I gay that neither Narayan D Apte nor Vishnu R Karkare had anything to do with the pistol in my possession.
(15) But before I pass to the charge under the heading “Seventhly” it will not be out of place to explain here how I happened to come to Delhi, and why I came to Delhi. I have never made a secret about the fact that I supported the ideology or the school which was opposed to that of Gandhiji. I firmly believed that the teachings of absolute “Ahimsa” as advocated by Gandhiji would ultimately result in the: emasculation of the Hindu Community and thus make the community incapable of resisting the aggression .or inroads of other communities especially the Muslims. .T0 counteract this evil I resolved to enter public life and formed a group of persons who held like views. In this Apte and I took a leading part and as a part of propaganda started a daily newspaper “Agrani. I might mention here that it was not so much the Gandhi an “Ahimsa” teachings that were opposed to by me and my group but Gandhiji while advocating his views always showed or evinced a bias for Muslims prejudicial and detrimental to the Hindu Community and its interests. I have fully described my point of view hereafter in detail and have quoted numerous instances which unmistakably establish how Gandhiji became responsible for a ‘number of calamities which the Hindu Community had to suffer and undergo.
(16) In my paper “Agrani” or ‘’Hindu-Rashtra” I always strongly criticized Gandhiji’s views and his methods such as fast for achieving his object, and after Gandhiji started holding yeti meetings we – Apte and myself – decided to stage peaceful demonstrations showing opposition. We had made such demonstrations at Panchgani, voona, Bombay and Delhi. There was 4 wide gulf between the two ideologies and it became wider and wider as confessions after concessions were being made to the Muslims either at the suggestion or connivance of Gandhiji and the Congress which was guided by Gandhiji culminating in the partition of the Country on 15th of August 1947. I have dealt with this point in detail hereafter. On 18th of January 1948 I learnt that, Gandhiji had decided to go on fast unto:-death, The reason given for such fast was that he wanted an assurance. of Hindu-Muslim unity in Indian Dominion. But I and many others could easily see that the real motive behind the fast was not merely the so called Hindu-Muslim unity but to compel the Dominion Government to pay the sum of Rs.55 crores to Pakistan, the payment of which was emphatically refused by the Government. As an answer to this Apte suggested the same old method to stage a strong but peaceful demonstration at the prayer meetings of Gandhiji, I consented to this half- heartedly because I could easily see its futility. However I agreed to join him as no alternative plan was as yet fixed in my mind. it was for this reason’ that N.D.Apte and myself went to Bombay on the 14th of January 1948,
(17) On 15th of January 1948 I happened to go to the Hindu Sabha Office at Dadar’ in the morning, I happened to see Badge there, On seeing, N.D.Apte and myself, Badge talked to N.D.Apte and asked him the reason of his coming to Bombay. Apte told him the reason. Badge thereupon of his own accord offered to come to Delhi and join in the demonstration, if we had no objection to his coming there. We wanted men to back us and to shout slogans and we therefore accepted his offer. We told him as to when we were starting. Badge thereupon told Apte that he had to give some stuff to’ Pravinchandra Sethia, that he would do so in a day or two and gee us on the 17th of January 1948,
(18) After we met Badge on the 15th of January 1948 in the Hindu Sabha Office at Dadar, I saw Badge on the 17th of January 1948 in the morning.
(19) The statements made by Badge about our going to Dixitji Maharaj along with him and seeing Dixitji Maharaj, about Apte having told Badge that Savarkar had entrusted Apte and myself the task of finishing Gandhiji, Pandit Jawaharlal, and Suhrawardy is a pure concoction and product of Badge’s brain. Neither Apte nor I have ever said anything like this to Badge or any other person,
I deny categorically what the prosecution has so falsely maintained that I was guided in my action by Veer Savarkar and that, but for his complicity I could never have acted in the way I have done. I take the strongest exception to this untrue and unjust charge and I further regard it as an insult to my intelligence and judgment. .The Prosecution’s attempt to make out that I was a mere tool in someone else’s hands is an aspersion which is far from the truth; indeed it is a perversion of it.
(20) Badge’s statements to the effect that I also wanted to go to Poona to meet my brother Gopal Godse who had undertaken to make arrangements for procuring a revolver and to bring him down to Bombay for accompanying us to Delhi, is also untrue. I had no talk with Badge when I met him on the 15th January 1948 myself except what is stated in paragraph 17 above. Further the statement of Badge that he met me on’16.1,1948 at Poona is also false, The alleged report of my conversation with him at Poona as deposed to by Badge in his evidence is also false and untrue. I was not in Poona on the 16th January 1948; It will be clear from this that it is not true that I gave him any pistol on that day for being exchanged for a big revolver.
(21) I have already stated that we – Apte and myself – had planned to stage a strong but peaceful demonstration at Gandhiji’s prayer meeting at the earliest possible: opportunity at Delhi, and for that purpose Apte and myself were to go there, As stated in paragraph Wo.17 Badge offered to come’ ‘to Delhi to take part in the demonstration referred to above. We felt an urgent need of taking some volunteers with us for a successful demonstration. Before we started for Delhi we started collecting money to meet the expenses for the journey and for the expenses of the volunteers,
(22) I emphatically deny that we saw Savarkar on the 17th January 1948 or that Savarkar blessed us with the .words “Yashaswi Houn Ya”, “Be successful and come”, Similarly I also deny that we. had any conversation with Badge or that Apte or myself uttered the words “Tatyaravani ase Bhavishya kele ahe ki Gandhijichi shambhar varshe bharali – ata apale kam nischita honar yat kahi sanshaya nahi”. After we met Badge on the 15th of January 1948 at the Hindu Sabha Office at Dadar, we – Apte and myself – went on our business in connection with the Press.
(23) Apte and myself came to Delhi by plane on the 17th of January 1948 and we put up at the Marina Hotel. morning of the 20th of January 1948 Badge came to the Hotel and informed Apte in my presence that he and his servant Kistaya would go to the Prayer Ground in the evening with Apte just to see the scene of prayer where demonstrations ~ would be held, When Badge came in the’ morning I was lying down. on bed as I was Pages unwell owing to severe headache and I told Badge that I may not go to the Prayer ground as I was unwell, The statements of Badge that Apte, Gopal Godse, Karkare Madanlal, Badge and his servant Shankar all collected at Marina Hotel, that Shankar and Badge had their meals there, that Gopal Godse was found repairing the revolver, that Apte, Karkare, Madanlal and Badge went to the bath-room and were fixing the detonators, fuse-wires and primers to the gun-cotton-slabs and hand- grenades or, that Seeteh eye and I were Standing at the either side of the door of the room are entirely false. Badge has put in my mouth the words “Badge, this is our last effort – the work must be ‘accomplished – see to it that everything is arranged properly”. I deny that I addressed the said or similar words to Badge on that day or any other day as stated before Badge came to the room in the morning and informed me that he would attend the prayer meeting in-the evening. We had no meeting at-all on that day in my room as stated by Badge; Gopal Godse, to my knowledge, was not even in Delhi. Nobody arranged or fixed detonators, fuse-wires or primers to gun-cotton-slabs or’ hand-grenades in the room. Infect there was no such ammunition either with me or with-Apte. Badge’s vivid description about the button of arms and ammunition amongst the party and about assumption of false names is all false. It is not necessary for me to discuss the evidence and show the falsity of these statements as my counsel will do it in his address.
(24) As stated above being unwell due to severe headache, I did not even go to the Prayer Ground. Apte returned to the Marina Hotel at about 6 p.m. and informed me that he had a view of the prayer meeting and would be in a position to stage the demonstration in a day or two. After about an hour we heard some commotion at Gandhiji’s prayer-meeting due to an explosion and we further heard of an arrest of a refugee, Apte thought it advisable to leave Delhi immediately and we left accordingly. . It is not true that I met Badge at Hindu Sabha Bhawan on 20.1.1948, several witnesses have deposed about my being at the Birla House .on the 20th of January 1948 but I emphatically say that they are grossly mistaken in saying so. I submit that they are confusing my presence with somebody else’s, the identification by some of these witnesses is utterly unreliable in view of the fact that I had not been to the Birla House on that day. These witnesses have identified me as I was shown to many of them by the police while I was kept at the Tughlak Road Police Station. “Further it was easy to identify me on account of the bandage over my head which remained up to the 12th of February 1948. The Police witnesses who’ have deposed to the contrary have perjured themselves and I have made complaint at the very first identification parade in respect of the Delhi witnesses held in Bombay about this.
(25) Now E will turn to the event of the 30th of January 1948. Before however I- actually deal with it I think it necessary to explain as to how I was laid to the conclusion about the taking of the step I took on that day.
(26) Born in a devotional Brahmin family I instinctively came to revere Hindu religion, Hindu history and Hindu culture. I had been: intensely proud of Hindu Dom as a whole. Never the- less as I grew I developed a tendency to free thinking unfettered by any superstitious allegiance to any I am political or religious. That is why I worked actively for the eradication of un-touch ability and the caste system based on birth alone. I publicly joined anti-caste movements and maintained that all Hindus should be treated with equal status as to rights social and religious, and should be high or low on their merit alone a not through the accident of birth ha particular caste or profession. I used publicly to take part in organised anti-caste dinners in which thousands of Hindus, Brahmins, Kshatriyas, Vaishyas, Chamars and Bhangis broke the caste rules and dined in the company of each other.
(27) I read the works of Dadabhai Naoroji, Vivekanand, Gokhale, Tilak along with the books of ancient and modern history of India and of some prominent countries in the world like England, France, America and Russia. Not only that, I studied tolerably well the current tenets of Socialism and Communism too. But ‘above all I studied very closely whatever Veer Savarkar and Gandhiji had written and spoken, as to my mind, these two ideologies had contributed more to could the thought and action of modern India during the last fifty years or 80, than any other single factor had done,
(28) All this reading and thinking brought me to believe that above all it was my first duty to serve the Hindudom and the Hindu people, as a patriot and even as a humanitarian. For, is it not true that to secure the freedom and to safe- guard the just interests of some thirty crores of Hindus constituted the freedom and the well-being of one fifth of human race? This conviction: led me naturally to devote myself to the new Hindu sanghathanist ideology and programme, ‘which alone I came to believe could, win and preserve ‘the national Bea eels of Hindustan, my- Motherland, and noes her to render ‘true service to humanity as well.
(29) I have worked for several years in R.S.S. and consequently joined the Hindu Mahasabha and volunteered myself to fight as a soldier under its ‘pan-Hindu flag, About this time Veer Savarkar was elected to the President ship of the Hindu Mehasabha, The Hindu Sanghatan Movement got verily electrified and vivified as never before, under his magnetic lead and whirl-wind propaganda. Millions of Hindu Sanghathanists looked up to him as the chosen hero, as the ablest and nosy faithful advocate of Hindu cause. I too was one of then I worked devotedly to carry on the Mahasabha, activities and hence came to be personally acquainted with Savarkarji.
(30) Later on my friend and co-worker in the Hindu cause, Mr. Apte and myself decided to start s daily paper devoted to Hindu Sanghatan Movement. We met a number of prominent Hindu Sanghatanist leaders and after securing sympathy and financial help from then met Veer Savarkar as the President of the Mehasabha, He too sympathized with our project and advanced a sum of Rupees Fifteen Thousand as his quota, to the capital required, on condition that o limited company should be registered at our earliest convenience, and his advance I should be transformed into so many shares.
