Bhulabhai Desai (October 13, 1877 - May 6, 1946) was an Indian freedom fighter and acclaimed lawyer. He is well-remembered for his defense of the three Indian National Army soldiers accused of treason during World War II, and for attempting to negotiate a secret power-sharing agreement with Liaquat Ali Khan of the Muslim League.
The INA trials or the Red Fort Trials refer to the courts martial of a number of officers of the Indian National Army between November 1945 and May 1946 variously for treason, torture, murder and abetment to murder. The first, and most famous, of the approximately ten trials was held in the Red Fort in Delhi, hence deriving the name.
When three captured Indian National Army (INA) officers, Shahnawaz Khan, Prem Kumar Sahgal and Gurbaksh Singh Dhillon were put on trial for treason, the Congress formed a Defence committee composed of 17 advocates including Bhulabhai Desai. The court-martial hearing began in October 1945 at the Red Fort. Bhulabhai was the leading counsel for the defense. Undeterred by poor health, Bhulabhai made an emphatic and passionate argument in defense of the charged soldiers. He worked for three months at a stretch. He based his arguments on the principles of international law, arguing that the accused were entitled to take up arms to liberate their country under the order of the Provisional Government which Subhas Bose had established and which had the recognition of a few sovereign governments, and that the Indian Penal Code did not apply to their case. The judge nevertheless pronounced the three officers guilty and sentenced them to transportation for life.
The INA trials or the Red Fort Trials refer to the courts martial of a number of officers of the Indian National Army between November 1945 and May 1946 variously for treason, torture, murder and abetment to murder. The first, and most famous, of the approximately ten trials was held in the Red Fort in Delhi, hence deriving the name.
When three captured Indian National Army (INA) officers, Shahnawaz Khan, Prem Kumar Sahgal and Gurbaksh Singh Dhillon were put on trial for treason, the Congress formed a Defence committee composed of 17 advocates including Bhulabhai Desai. The court-martial hearing began in October 1945 at the Red Fort. Bhulabhai was the leading counsel for the defense. Undeterred by poor health, Bhulabhai made an emphatic and passionate argument in defense of the charged soldiers. He worked for three months at a stretch. He based his arguments on the principles of international law, arguing that the accused were entitled to take up arms to liberate their country under the order of the Provisional Government which Subhas Bose had established and which had the recognition of a few sovereign governments, and that the Indian Penal Code did not apply to their case. The judge nevertheless pronounced the three officers guilty and sentenced them to transportation for life.
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