During the 1945 Indian National Army (INA) trials held at the Red Fort in Delhi, three officers—Shah Nawaz Khan, Prem Sahgal, and Gurbaksh Singh Dhillon—were court-martialed by the British colonial government. Which of the following statements correctly describes the legal defense organized for these officers?
- The Indian National Congress constituted an INA Defence Committee led by Bhulabhai Desai, joined by legal luminaries including Tej Bahadur Sapru, Kailash Nath Katju, and Jawaharlal Nehru.Answer
- BThe defense panel was formed under the provisions of the Government of India Act 1935, which mandated civilian jury trials for military personnel charged with treason.
- CThe defense committee was created only after the Royal Indian Navy Revolt of February 1946, which compelled political parties to intervene in military proceedings.
- DThe defense was headed directly by Mahatma Gandhi, who argued the appeal before the Privy Council using the emergency powers of the Simla Conference agreement.
Answer
The Indian National Congress constituted an INA Defence Committee led by Bhulabhai Desai, joined by legal luminaries including Tej Bahadur Sapru, Kailash Nath Katju, and Jawaharlal Nehru.
When the British authorities decided to hold public courts-martial of INA soldiers at the Red Fort in late 1945, the Indian National Congress organized a legal defense committee. Bhulabhai Desai led the defense team and delivered a masterful legal argument on international law and the right of an enslaved people to fight for freedom. Jawaharlal Nehru donned his lawyer's robe after 25 years to join the defense alongside Sir Tej Bahadur Sapru and Kailash Nath Katju.
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Key Concept
INA Red Fort Trials (1945) and the INA Defence Committee