MY LORDS, (bhagat singh)
We are neither lawyers nor masters of English language, nor holders of degrees. Therefore, please do not expect any oratorial speech from us. We therefore pray that instead of going into the language mistakes of our statement Your Lordships will try to understand the real sense of it. Leaving other points to our lawyers, I will confine myself to one point only. The point is very important in this case. The point is as to what were our intentions sand to what extent we are guilty. This is a very complicated question and no one will be able to express before you that height to mental elevation which inspired us to think and act in a particular manner. We want that this should be kept in mind while assessing our intentions our offense. According to the famous jurist Solomon, one should not be punished for his criminal offense if his aim is not against law. We had submitted a written statement in the Sessions Court. That statement explains our aim and, as such, explains our intentions also. But the leaned judge dismissed it with one stroke of pen, saying that “generally the operation of law is not affected by how or why one committed the offense. In this country the aim of the offense is very rarely mentioned in legal commentaries.” My Lords, our contention is that under the circumstances the learned judge ought to have judged us either by the result of our action or on the basis of the psychological part of our statement. But he did not take any of these factors into consideration. The point to be considered is that the two bombs we threw in the Assembly did not harm anybody physically or economically. As such the punishment awarded to us is not only very harsh but revengeful also. Moreover, the motive knowing his psychology. And no one can do justice to anybody without taking his motive into consideration. If we ignore the motive, the biggest general of the words will appear like ordinary murderers; revenue officers will look like thieves and cheats. Even judges will be accused of murder. This way the entire social system and the civilisation will be reduced to murders, thefts and cheating. If we ignore the motive, the government will have no right to expect sacrifice from its people and its officials. Ignore the motive and every religious preacher will be dubbed as a preacher of falsehoods, and every prophet will be charged of misguiding crores of simple and ignorant people. If we set aside the motive, then Jesus Christ will appear to be a man responsible for creating disturbances, breaking peace and preaching revolt, and will be considered to be a “dangerous personality” in the language of the law. But we worship him. He commands great respect in our hearts and his image creates vibrations of spiritualism amongst us. Why? Because the inspiration behind his actions was that of a high ideal. The rulers of that age could not recognise that high idealism. They only saw his outward actions. Nineteen centuries have passed since then. Have we not progressed during this period? Shall we repeat that mistake again? It that be so, then we shall have to admit that all the sacrifices of the mankind and all the efforts of the great martyrs were useless and it would appear as if we are still at the same place where we stood twenty centuries back. From the legal point of view also, the question of motive is of special importance. Take the example of General Dyer. He resorted to firing and killed hundreds of innocent and unarmed people. But the military court did not order him to be shot. It gave him lakhs of rupees as award. Take another example. Shri Kharag Bahadur Singh, a young Gurkha, Killed a Marwari in Calcutta. If the motive be set aside, then Kharag Bahadur Singh ought to have been hanged. But he was awarded a mild sentence of a few years only. He was even released much before the expiry of his sentence. Was there any loophole in the law that he escaped capital punishment? Or, was the charge of murder...
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