The Hindu Business Line : Some straws for Advani to clutch at

THEY say it's end game for Advani, with continual clamour for his scalp, but let me offer what he may clutch at, even if it be straw, after all: The Trial of Bhagat Singh by A.G. Noorani. The new edition of the book is just out from Oxford and interests me more than the Half-Blood Prince, because Noorani writes about the dark aspects of the trial, its farcical character and so on.

Wonder if you've read about the 1930 Ordinance, passed with as much hurry as they do these days, to rob the accused of their right to appeal to the High Court. As you know, the Ordinance expired after six months. Ironically, therefore, the sordid trial was by a Tribunal "which was itself under a death sentence suspended for six months," with the result that justice was sacrificed in favour of despatch, the author would rue.

All this may not help our man in trouble, so let me move to the meatier portions in the book: The text of Mohammed Ali Jinnah's speech in the Central Legislative Assembly on September 12 and 14, 1929.

"His was the most forthright statement in defence of Bhagat Singh from among the leading Indian politicians of the time," J.N.Dixit had commented, and added that Jinnah's voice was that of a fearless Indian "where principles of law and norms of justice were threatened."

Noorani notes in Chapter 6 of the book that Jinnah's `magnificent performance' by `contemporary accounts' has been completely ignored in all Indian writings on Bhagat Singh and little noticed in Pakistan. "An able compilation of his speeches in the Central Assembly, published in Pakistan, includes the speech but ignores it in the introduction."

A rare exception, according to Noorani, is the work by the veteran human rights activist I.A. Rehman, who praised the speech for the `coolly logical and convincing manner' in which Jinnah "played a major role in foiling the attempt to make trial in absentia lawful". Well, that was what the Government wanted to achieve through what came to be called `the Hunger-Strike Bill'.

An appendix to the book has the text of the speech from which one learns that Jinnah had attacked the Government's move on three fronts.

"The first, from the point of view of criminal jurisprudence; second, political point of view or the policy of the Bill; and third, treatment to the accused when they are under trial," as Jinnah's speech reads.

A few paragraphs later, you find him in full flow: "You know perfectly well that these men are determined to die. It is not a joke. I ask the Hon'ble Law Member to realise that it is not everybody who can go on starving himself to death. Try it for a little while and you will see." A powerful teaser, that is.

"The man who goes on hunger-strike has a soul. He is moved by the soul and he believes in the justice of his cause; he is not an ordinary criminal who is guilty of cold-blooded, sordid, wicked crime," he appealed, tugging at heartstrings.

"Sir, I do not approve of the action of Bhagat Singh, and say this on the floor of this House," he declared. But before you can pick up a quarrel with him for opposing an icon, he continues: "I regret that, rightly or wrongly, youth today in India is stirred up, and you cannot, when have three hundred and odd millions of people, you cannot prevent such crimes being committed, however much you may deplore them and however much you may say that they are misguided."

What was he driving at? "It is the system, this damnable system of Government, which is resented by the people."

After adjournment, when he spoke again, he pleaded that the House consider `the real cause of the trouble': "Is there today in any part of the globe a civilised government that is engaged, day in and day out, week in and week out, month in and month out, in prosecuting their people?" And there was more: "Do you think any many wants to exceed the bounds of law for the purpose of making a speech which your law characterises as a seditious speech, knowing full well the consequences, that he may have to go to jail for six months or a year?Do you think that this springs out of a mere joke or fun or amusement? Do you not realise yourself, if you open your eyes, that there is resentment, universal resentment, against your policy, against your programme?"

An exercise of exorcism, you may say, but sadly Jinnah isn't around to defend Advani now. Perhaps, our man may need the help of Rowling's wizard!

E&OE@TheHindu.co.in

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