Pandit Jawaharlal Nehru played a pivotal role during the
1945–1946 Red Fort Trials (INA Trials / Lalkila Muqaddama), where three key officers of the Azad Hind Fauj—
Colonel Prem Sahgal (Hindu), Colonel Gurbaksh Singh Dhillon (Sikh), and Major-General Shah Nawaz Khan (Muslim)—were court-martialed by the British Raj for treason.
Nehru’s stand was a powerful combination of legal action, public advocacy, and political strategy.
1. Donning the Lawyer's Gown After 25 Years• Though Nehru had given up his legal practice decades earlier to join Gandhi's Non-Cooperation Movement, he
donned his barrister's gown once again specifically to defend the INA soldiers at the Red Fort.
• He joined the
INA Defence Committee set up by the Indian National Congress, which also featured top legal minds like
Bhulabhai Desai, Sir Tej Bahadur Sapru, Asaf Ali, and K.N. Katju.
2. Challenging the Charge of "Treason"Nehru argued that the soldiers were not traitors or deserters, but patriots who fought for national liberation.
•
Right to Liberation: Nehru and the defence counsel contended that under international law, a subjugated nation has a legitimate right to fight for its freedom.
•
Provisional Government: They argued that the INA was a recognized, organized army operating under a legitimate provisional government (
Arzi Hukumat-e-Azad Hind), making their actions an act of war under international law rather than criminal treason under British municipal law.
3. Warning the British GovernmentNehru issued a stern warning to the British authorities against taking punitive measures against the INA men:
• He pointed out that punishing these soldiers would cause severe resentment among the general public and within the Indian soldiers serving in the British Indian Army.
• He stated that any vindictive action would
"create bad blood between England and India" at a time when the British were planning their exit.
4. Reconciling Non-Violence with the INA's Armed StruggleWhen questioned by reporters on how the Congress (which advocated non-violence) could defend an armed army, Nehru explained:
• While Congress retained its commitment to non-violent methods, it could not ignore the supreme patriotism and sacrifice of the INA soldiers.
• He emphasized that the trial had become a matter of national self-respect and the collective desire of the Indian people for independence.
The Outcome and Historical Impact•
Public Upsurge: Nehru’s active participation, alongside the Congress committee, galvanized massive public demonstrations across India.
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Commutation of Sentences: Although the military court found the three officers guilty of waging war against the King-Emperor, Commander-in-Chief Sir Claude Auchinleck—sensing widespread rebellion and mutinies within the British Indian Armed Forces—
remitted and suspended their sentences.
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Release: The officers were set free in early 1946 to widespread public celebration, marking a major political defeat for the British administration in India.