6. Trial For the Saunders Murder &
Death sentence and Execution
Shortly
after his arrest and trial for the Assembly bombing, the British came to
know of his involvement in the murder of J. P. Saunders. Bhagat Singh,
Rajguru, and Sukhdev were charged with the murder. Bhagat Singh decided to
use the court as a tool to publicize his cause for the independence of
India. He admitted to the murder and made statements against the British
rule during the trial. The case was ordered to be carried out without Bhagat
Singh and his comrades present at the hearing. This created an uproar
amongst Singh's supporters as he could no longer publicise his views.
On
the 7th October, 1930 the day the sentence was pronounced by the Special
Tribunal, Bhagat Singh was not present in the court. Therefore to read you
the sentence, the State advocate along with the Superintendent came to the
barracks in the jail where Bhagat Singh and his co-workers were sitting.
Addressing Bhagat Singh, he said "Sardar Bhagat Singh, very sorry the court
has awarded you the death sentence". To which Bhagat Singh replied, "there
is no need to feel sorry, and quoted Bhagat Kabir"
Jis marne te jag dare, mere
man anand. Marne te hi paye pooran parmanand.
Then
the superintendent asked Bhagat Singh, Sukhdev and Raj Guru to move to Cell
No 14. Cell No 14 in the Central Jail, Lahore, was the one where the
prisoners sentence to death were kept till their hanging. The prisoners were
to stay in that cell day and night.
After
the pronouncement of death sentence, the legal battle was not over. The
Defence Council, which was composed of prominent public men, including
leaders like Lala Dhuni Chanda and Dr Gopi Chand, this Council decided that
a petition for leave to appeal be sent to Privy Council. Accordingly, it
applied to the Privy Council for leave to appeal with a view first, to
challenging the legality of the Ordinance, and secondly, to spread the
knowledge of india's fight for freedom in countries abroad.
On
the 10th February, 1931, that petition was rejected by the Privy Coucil. The
rejection could not damp the enthusiasm of the people and their leaders. on
the 14th February, 1931, Pandit Madan Mohan Malaviya submitted an appeal to
the Viceroy, requesting him to use his prerogative of mercy in commuting the
sentences to transportation for life on the grounds of humanity.
On
16th February, 1931, Messrs Jiwan Lal. Baljit and Sham Lall moved a writ of
Habeas Corpus in the High Court challenging the legality of their detention
and proposed execution of the death sentences on the grounds that the
original date of execution (some time in October 1930) having passed and the
Tribunal had ceased to exist. But that writ was turned down on the 20th
February, 1931.
Mahatma
Gandhi also raised the question commutation of the death sentences of Bhagat
Singh, Raj Guru and Sukhdev with Lord Irwin, the then Viceroy of India,
during their conversation in February and March 1931. The Viceroy, however,
did not agree, though he had the right to commute the sentences. He
expressed his inability to help, Mahatma Gandhi did not make it a condition
of the settlement, though he could have done it. He felt that it was not in
the larger interests of the country.
In
that connection, Gandhi himself wrote in his Young India, "I might have made
the commutation a term of the settlement. It could not be so made. The
Working Committee had agreed with me in not making the commutation a
condition precedent to truce. I could, therefore, only mention it. "It
shows that if the Mahatma Gandhi had wished, he could have insisted and got
their commutation agreed to. But a leader who could go to the extent of
stating to the Viceroy, that " if the boys should be hanged, they had better
be hanged before the Congress (Karachi) Session, than after it", could
hardly be expected to secure the commutation of the death sentences of
Bhagat Singh and his comrades.
It
will not be out of place to mention here that Mahatma Gandhi even refused to
co-operate with the prominent leaders in the matter of raising a memorial to
the three after their execution. On being approached by the All India Bhagat
Singh, Raj Guru and Sukhdev Memorial Committee, Lahore to assist in raising
a memorial to those three national heros, he replied to the General
Secretary of the Committee,:
On
March 23, 1931 Bhagat Singh was hanged in Lahore with his fellow comrades
Rajguru and Sukhdev. His supporters, who had been protesting against the
hanging, immediately declared him as a shaheed or martyr. Singh was cremated
at Hussainiwala on banks of Sutlej river. Today, the Bhagat Singh Memorial
commemorates freedom fighters of India.