The Execution of Bhagat Singh: Legal Heresies of the Raj
Satvinder Singh Juss
The Execution of Bhagat Singh: Legal Heresies of the Raj
Satvinder Singh Juss
Bhagat was an Indian nationalist considered to be one of the most influential revolutionaries of the Indian Independence movement. His reputation has outshone all participants in the struggle up to and almost including Gandhi. At first sight this seems incredible. He was only 23 when executed on the charge of murder, having already received a life sentence for bombing the Central Legislative Assembly. But it must be remembered that pre-independence India had two rival approaches to the quest for freedom: one based on the creed of non-violent Gandhism: the other a Marxist revolutionary call-to-arms movement championed by Bhagat Singh. Had he lived, the history of the Indian sub-continent would have been very different. The British made use of a legislative power to make an Ordinance on the basis of “peace, order and good government’ to try, convict and hang. The Ordinance was never approved by the Central Assembly or even the British Parliament. The three-judge Special Tribunal was mandated to complete the hearing within a fixed period. The 457 prosecution witnesses were not allowed to be cross-examined. The dramatic story of Bhagat Singh is still relevant today: so much so that there are now moves afoot to grant him an official pardon.
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