INA Trials: Defense Committee, Legal Battle, and Heroes’ Release

INA Trials: WWII Treason & Freedom Struggle in British India

The Indian National Army trials (also known as the INA trials and the Red Fort trials) were a British Indian court-martial held between November 1945 and May 1946 of a number of officers of the Indian National Army (INA) on various charges of treason, torture, murder, and aiding and abetting murder during WWII. Like many other British Indian Army Troops and officers, the accused joined the Indian National Army and ultimately fought alongside the Japanese forces in Burma under the Azad Hind.

INA Trials 1945-46: Subversive Allegations & Political Shadows

• The INA trials were held between November 1945 and May 1946.
• Court-martials were held in India for former British Indian Army personnel who had been arrested fighting in INA ranks or working in support of the INA’s subversive activities by 1943 and 1944.
• Until far later, these received little exposure or political support.
• Previously, the charges were “committing a civil offence contrary to Section 41 of the Indian Army Act, 1911 or Section 41 of the Burma Army Act,” with the offence being “waging war against the King” in violation of Section 121 of the Indian Penal Code.

Public INA Trials: Red Fort’s Political Stage and Serious Charges

• However, due to the large number of INA troops captured by Commonwealth forces by the end of the Burma Campaign, a selective policy of charging only those accused of the most serious allegations was implemented.
• The first of these was Shah Nawaz Khan, Prem Sahgal, and Gurbaksh Singh Dhillon’s joint trial.
• In contrast to previous trials, the decision was made to hold a public trial, and given the political importance and significance of the trials, it was decided to hold these at the Red Fort.

INA Defense Committee: Congress Advocacy and Legal Support

• During the 1945-46 independence struggle, the Indian National Congress made the release of the three defendants a major political issue.
• The Indian National Congress established the INA Defence Committee in 1945 to defend officers of the Indian National Army who were to be charged during the INA trials.
• The committee’s additional responsibilities included coordinating information on INA troops held captive and arranging for post-war relief for troops.
• The committee announced the formation of the Congress’ defence team for the INA, which included famous lawyers such as Bhulabhai Desai, Asaf Ali, Sharat Chandra Bose, Tej Bahadur Sapru, and Kailash Nath Katju at the time.

Red Fort Trials: INA’s Legal Battle, Public Sympathy, and Heroic Release

• Many Indians became acquainted with a force that had fought for independence as a result of the Red Fort trials.
• It sparked sympathy for the INA across the country, and soon after, demonstrations in various parts of the country erupted in solidarity with the captured troops.
• The Congress also noted popular support for the INA soldiers and concluded that this may be a means to revive the country’s desire for independence.
• The INA defence Committee argued that the INA troops’ actions were legal and within the terms of the Indian National Army Act, and thus exempt from the Indian Penal Code and the Indian Army Act.
• Despite the defence’s compelling arguments, the three INA members were found guilty of waging war. They were not given the death penalty but were instead dismissed from service and sentenced to life in prison, which was also commuted.
• The three INA members were then released and greeted as heroes, with Congress fully supporting the occasion.

Conclusion

The INA trials, held during India’s independence struggle, were a watershed moment in the fight against British colonial rule. They represented the Indian people’s unbreakable spirit and determination in their quest for freedom. These trials’ emotional resonance and public support contributed to the broader momentum that eventually led to the end of British colonial rule in India. The INA trials will go down in history as a testament to the unwavering commitment of individuals and the collective strength of a nation striving for independence.

Previous Year Question (Prelims) 

Q1. In the context of Colonial India, Shah Nawaz Khan, Prem Kumar Sehgal and Gurbaksh Singh Dhillon are remembered as:

1. Leaders of Swadeshi and Boycott Movement.
2. Members of the Interim Government in 1946.
3. Members of the Drafting Committee in the Constituent Assembly.
4. Officers of the Indian National Army.

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