Whether the judge should resign or give more punishment, how did Mahatma Gandhi challenge in the court in the treason case?

The reason for the case against Mahatma Gandhi was three articles written by him in Young India newspaper during the non-cooperation movement.

Mahatma Gandhi was the accused in that historic treason case of 1922. The judge was C.N. Broomfield. Gandhi was telling the judge that the charge of treason leveled against him was not a crime for him but his highest duty. The reason for the case against him was the three articles he wrote in the Young India newspaper during the non-cooperation movement, in which the British rule was strongly criticized.

The government considered these articles as treason and decided to prosecute Gandhi. Gandhi had no dilemma regarding the condition of the judiciary at that time. But without worrying about the verdict against him, instead of boycotting the trial proceedings, he used the court as an effective platform to express public anger against the British rule.

The trial became famous by the name Great Trial of 1922.

Gandhi’s arrest and trial are counted among the most historic events of the Indian independence movement. This case is famous by the name of Great Trial of 1922. Gandhi had turned the entire court proceedings from his arrest into an effective platform to expose British rule and its oppressive laws.

Despite accepting the allegations, he flatly refused to ask for any mercy or concession. Through this, Gandhi gave a direct challenge to the British government and gave the message that India is no longer ready to tolerate injustice and oppression.

In the court, Gandhi appeared calm, mild and polite as always, but the firmness and confidence of his words impressed even the judge. This was the reason why the judge himself appeared uncomfortable and in dilemma while delivering the verdict.

If the law is wrong then the judge should resign; Give maximum punishment

In this case, Gandhi accepted the allegations against him and said that whatever he wrote, he wrote it deliberately. If their views are considered a crime then they are ready to receive the harshest punishment for this crime.

Mahatma Gandhi (1)

Mahatma Gandhi. Photo: Getty Images

Judge Broomfield was addressing an accused who was saying with full force, instead of mercy, you have two options – if you think this law of treason is wrong, then resign from your post. And if you believe that the law is right then give me maximum punishment. The prosecution had presented its case. Gandhi justified his writings in defence. They were inviting punishment. This decision became a challenge for Judge Brumfield.

He wrote, It is my duty to find you a criminal as per the law, but it is equally true that a person like you has never come before this court before. You are a great patriot and leader for crores of Indians. Even those who do not agree with your politics consider you a person of high ideals.

Then the judge expressed his compulsion, “But the court is bound by the law and hence it will have to punish.” Then the judge sentenced Gandhi to 6 years of simple imprisonment.

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Raj Khanna

Raj Khanna

Decades of association with journalism. Continuous scholar on questions related to freedom struggle, politics, history, society and constitution. Keep writing and publishing continuously. He has also written the books ‘Before Independence – After Independence’ and ‘India i.e. Bharat’. Both the books are popular and appreciated.

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