Chachaji

I do not remember exactly, but there were five or six cases which they had made against me. And all these cases were 100% false, because Rai Sahib Gopal Das never told the true story.

An Anglo-Indian, Mr Disney was the trying magistrate. He was the Additional District Magistrate. I was produced before him. And Mr Disney knew the true story—what had actually happened.

Rai Sahib Gopal Das had gone to his house the same night when this scuffle took place and had told him all to get his sympathy—that he was beaten and the pistol was snatched and this thing and that thing. And by chance this Mr Disney was also the Superintendent of the jail. I came to know after a few months that he knew the whole of my family also, because he had been in Punjab and one or two of my very near relations were also Deputy Commissioners and he was Deputy Commissioner somewhere there. So he knew Sardar Devender Singh who had been lately the Resident Magistrate posted at the Parliament Street, New Delhi.

So he (Disney) told me in jail that I must behave in a proper manner and that somehow he was also showing a little consideration for me for three reasons—because he knew the true story, and because Rai Sahib Gopal Das was in bad books of the police and also because he knew my family.

The case went on. And day after day I was handcuffed and taken to the court-room.

The first hearing took place outside the jail. I was handcuffed, dragged out and produced before the magistrate. At that time, my mother, my wife and my other relations were also standing outside. When they saw me handcuffed they cried and cried and cried and cried and, of course, in anger naturally they abused and cursed the police. But when I went in, the magistrate told the police: “His handcuffs should be removed and he should never be brought in handcuffed.”

But later when I was taken to the court at Tis Hazari, I was always taken in handcuffs, which were removed in the courtroom.

I was reporting to Sri Aurobindo from day to day, every week or whenever there was something important. I was always kept in a solitary cell. When this case started under a special court which was constituted by some ordinance, Mr Disney was made a Special Magistrate to try such cases. In such cases there could be no vakil, no dalil, no appeal! —no lawyer, no argument, and no appeal! The case went on for about six months like that.

In the meantime, when I was in jail, I was suffering with colitis. The doctor examined me and recommended that I should be released on bail. But under such special courts and under such cases there was no possibility or provision for me to be released on bail.

But what happened is that there was a heap of case files which Disney was signing and by an oversight my file was also signed.

And the next day I was released. It was a bail application on which he had signed and I was released. When I was released the whole of the Government establishment right from the Chief Commissioner and the Deputy Commissioner (Mr Labailly was the Deputy Commissioner) were extremely annoyed. And then there was a meeting of all the police officers and magistrates and they decided that I should be arrested again. Then I was again arrested.

In the meantime I was informed by the P.A. of the Deputy Commissioner, who was also a magistrate, Rai Sahib Savitri Pershad—that they had decided that on account of my serious misbehaviour and my fight with the Additional Superintendent of Police and because of my having run the movement for 3 months I should be sentenced to at least 14 years of rigorous imprisonment.

I was not frightened. I said: “Alright. It doesn’t matter. When once I have come in this movement I do not fear these things.”

After six months the special courts were abolished. Then my father appealed to the High Court at Lahore for my release on bail. Meanwhile I came to know that my father had engaged one of the senior most lawyers in Delhi, Mr Rang Behari Lal Seenia, to conduct my case. When the file went to Lahore, one of the topmost lawyers of Lahore, Mr Puri, who was also my distant relation, conducted my case there.

And the High Court wanted to know the reasons. On behalf of the Government of Delhi Mr Tara Chand Mathur was appearing, who was told that he must get the facts. This case appeared to be a ‘defective case’ and the High Court said that all the cases under the special courts had been wrongly conducted by the Delhi Government. And he was told “to bring the facts within 48 hours, otherwise, release the accused”. Tara Chand had to go back and return with some preparation, and all that. Probably what had happened was that while Disney was conducting the case he wanted to erase the original stamp and change it to Special Magistrate’s stamp but he dared not. On this the High Court released me on bail.

After that, I was told, the Delhi Government officials again had a meeting: “What to do now in this case. Once he is out he will never allow his case to be properly conducted. He is a strong person.” But at the same time they dared not arrest me against the High Court orders because the case would have been prejudiced. And in the meantime the case went on from day to day. It took about 2 years.

And at one stage Mr Rang Behari Lal had come to the jail to tell me that the stage had come when I will have to give my ‘statement’ and then there will be a cross-examination. He advised that I should say ‘No’ to each and every question and that I should not accept that they had come and arrested me. Then he told me that I should say: “I had not seen Rai Sahib Gopal Das or Mr Jain.” “And to each and everything you should be ‘negative’. You should go on saying ‘No’ and you should never accept ‘anything’.” I was very angry and I was very hot. I said: “How can I do that? Even if I am put to the gallows I will not speak lies. I have been all my life an Arya Samaji, then I have followed Gandhiji. Truth is the first thing for me.”

“I will narrate the actual story. Whatever police case is...I don’t care for that. I will say what has happened.” So he was very annoyed. Then he asked: “Why did you employ me as your lawyer if you don’t want to hear me!”

I replied: “I never employed you.”

He asked again: “Then who employed me?” I answered “I do not know who has employed you. You should know who has employed you.” He said, “Your father has employed me.”

“Then go to my father and ask him. I will not say what you want.”

So he was very angry and he told my father that he would not conduct the case any more. My father was very much depressed and confused. Then as a precaution he also employed Barrister Nuruddin—if he did not appear, then Barrister Nuruddin would appear in the case. But actually, after that, both of them were appearing jointly.

Sri Aurobindo’s Advice: “Take Advantage of the Discrepancies in the Police Case.”

I referred this matter to Sri Aurobindo in a long letter—because at one stage there was a very serious omission on the part of the police. Pandit Sita Ram, Deputy Superintendent of Police, when he was cross-examined by my lawyer, had said that ‘when coming from the house to the Central Lane Surendra Nath was the only person in the car and was driving himself.’

Actually, my driver was driving and I was sitting along with him. Then, the case was mainly against my driver who was also along with me. Because the scuffle had taken place at the country house also with my driver and also at Connaught Circus. So when he said that I had been alone the question of my driver did not come in. So it meant that the case against my driver would fall through.

And now when I give my statement, if I speak the truth then all the false cases which have been or made up against me by the police will be supported and proved. If I say that I was not alone, that the driver was also with me, then the police cases will be proved and all the false cases will be established.

So I was in a fix—how to tell lies, when I say I can’t tell lies, and now at this stage I had either to tell lies or speak the truth and take the risk. I referred this matter to Sri Aurobindo.

And I received the reply from Shri A.B.Purani: “Sri Aurobindo has read your letter entirely and rather snatched the letter from my hand and read himself, and he was laughing and laughing, and then he told me to convey to you his words: ‘Tell Surendra Nath that he must take full advantage of the discrepancies of the police. The truth is taken as a whole and not by bits.’” After I received this message from Sri Aurobindo, I gave my statement carefully so that all the discrepancies of the police could be covered, and I could take advantage of those discrepancies.

Then in between the case there was also one very interesting thing: my lawyer contended that this magistrate has been trying this case for over a year and he is prejudiced and so the case should be transferred to some other court. And when I appeared before Mr Disney, he asked me: “How is it that you don’t have any faith in me?”

I told him frankly: “You see, the police and the Government are trying to make false cases against me and give me a long sentence. Naturally my effort and my duty is to try my best to defend myself. So I don’t want that this case should be tried by you.” But I don’t know how it suddenly happened that Mr Disney said: “You should have some faith in me.”

And I said: “Alright. Then I withdraw my application and you can try my case.”

After about two and a half years the case was decided and it was proved to be absolutely false. The magistrate passed severe strictures against the police for bringing out false cases against me. And probably a thirteen-page judgement was delivered, a copy of which I have with me.² This is how this case ended after a long trial and suffering.