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My Political Testament - Subhas Chandra Bose - 1940

Too H.E. the Governor of Bengal,

The Hon. Chief Minister

and

The Council of Ministers,

Your Excellency and Gentlemen! I am writing this in connection with my letter of 30th October 1940, addressed to the Hon. Minister (copy of which was forwarded to the Hon. Chief Minister) and my confidential letters to the Superintendent, Presidency Jail, dated 30th October and 14th November, which were forwarded to Government in due course. Herein I shall also put down in black and white the considerations that are impelling me to take the most fateful step in my life.

I have no longer any hope that I shall obtain redress at your hands. I shall, therefore, make but two requests, the second of which will be at the end of this letter. My first request is that this letter be carefully preserved in the archives of the Government, so that it may be available to those of my countrymen who will succeed you in office in future. It contains a message for my countrymen and is therefore my political testament.

I was arrested without any official explanation or justification on 2nd July 1940, as per orders of the Government of Bengal, under Section 129 of the Defence of India Rules. The first explanation subsequently emanating from official sources came from the Rt. Hon. Mr Amery, Secretary of State for India, who stated in the House of Commons quite categorically that the arrest was in connection with the movement for the demolition of the Holwell Monument in Calcutta.

The Hon. Chief Minister virtually confirmed this pronouncement at a sitting of the Bengal Legislative Assembly and stated that it was the Holwell Monument Satyagraha which stood in the way of my release. When the Government decided to remove the Monument, all those who had been detained without trial in connection therewith were set free with the exception of Mr. Narendra Narayan Chakravarti, M.L.A., and myself. These releases took place towards the end of August 1940, and almost simultaneously an order for my permanent detention was served under Section 26 of the Defence of India Rules, in lieu of the original order under Section 129, which provided for temporary detention.

Strangely enough, with the new order under Section 26, came the news that prosecution was being launched against me tinder Section 38 of the D.I. Rules before two Magistrates — for three of my speeches and for a contributed article in the weekly journal ‘Forward Bloc’, of which I had been the Editor. Two of these speeches had been delivered in February 1940, and the third one early in April. Thus the Government created a unique and unprecedented situation towards the end of August last by detaining me permanently without trial under one section of the Defence of India Rules and simultaneously prosecuting me before judicial tribunals under another section of the same Rules. I had not seen a similar combination of executive fiat and judicial procedure before this occurrence took place. Such a policy is manifestly illegal and unjust and smacks of vindictiveness, pure and simple.

One cannot fail to notice that the prosecution was launched long after the alleged offences had taken place. Nor can it be overlooked that for the relevant article in ‘Forward Bloc’, the paper had already been penalized through forfeiture of the security of Rs 500 and deposit of a further security of Rs 2000. Moreover, the attack on the paper was made all of a sudden, after a long period during which no warning had been given to the paper in accordance with the practice of Government.

The attitude of the Bengal Government was further exposed when applications for my release on bail were made before the two trying Magistrates. Both these applications were stoutly opposed by the Government spokesmen. On the last occasion, one of the Magistrates, Mr. Wali-ul-Islam granted the bail application, but was constrained to remark that this order would remain infructuous till the Government withdrew their order for my detention without trial under Section 26 of the D.I. Rules. It is thus as clear as daylight that the Government has been pursuing a policy which fetters the discretion of judicial tribunals and interferes with the administration of law. The action of the local Government appears all the more objectionable when it is remembered that they have given the go-by to the instructions of the Government of India with regard to such cases.

Another interesting feature of the Government’s policy is my simultaneous prosecution before two Magistrates. If the intention was to place more than one speech of mine before a court of law, that could very well have been fulfilled without resorting to two Magistrates, for I have delivered any number of speeches during the last twelve months within the limits of Calcutta proper. The man in the street is, therefore, forced to think that the Government is so keen on seeing me convicted that they have provided for a second string to the legal bow.

Last but not the least, Government’s action appears to an impartial man to be altogether mala fide, because proceedings were instituted so long after the alleged prejudicial acts had been committed. If the acts in question were in fact prejudicial, then action should have been taken by the Government long ago, i.e. at the time that the alleged offences were committed.

May I request you to compare for one moment your attitude towards people like myself and towards Muslims arrested and imprisoned under the Defence of India Rules? How many cases have occurred up till now in which Muslims apprehended under the D.I. Rules have been suddenly released without rhyme or reason? The latest example of the Maulvi of Murapara is too fresh in the public mind to need recounting. Are we to understand that under your rule there is one law for the Muslim and another law for the Hindu and that the D.I. Rules have a different meaning when a Muslim is involved? If so, the Government might as well make a pronouncement to that effect.

Lest it be argued or suggested for one moment that for my incarceration, the Government of India and not the Local Government are responsible, I may remind you that in connection with an adjournment motion concerning myself, tabled by Pandit L.K. Maitra before the Indian Legislative Assembly only the other day, it was stated on behalf of the Government of India that the matter should not come before the Central Assembly, since I had been incarcerated by the Bengal Government. I believe a similar admission was made in the Bengal Legislative Assembly on behalf of the Ministry.

And we cannot forget that here in Bengal we live under the benign protection of a ‘popular’ ministry.

My recent election to the Indian Legislative Assembly has raised another issue — that of ‘immunity,’ from imprisonment for members of the Legislature, while the Legislature is in session. This is a right inherent in every constitution, no matter whether it is explicitly provided in the statute or not and this right has been established after a protracted struggle. Quite recently, the Burma Government allowed a convicted prisoner to attend the sittings of the Burma Legislative Assembly, but though I am not a convicted prisoner, I have been denied that right by our ‘popular’ ministry.

If apologists attempt to invoke the precedent of Captain Ramsay M.P. in support of the Government, I may point out that Capt. Ramsay’s case stands on a different footing altogether. Serious charges have been preferred against him, but all the facts not being known to us, it is difficult to argue either way. One may, however, urge that if Capt. Ramsay has been unjustly imprisoned and no redress will be ultimately forthcoming, it would lend substance to what Mr Kennedy (American Ambassador to Great Britain) and others are reported to have said — namely, that democracy is dead in England. In any case, Capt. Ramsay has had the opportunity of getting his case examined by a Committee of the House of Commons.

In dealing with my case generally, two broad issues have now to be considered. Firstly, have the Defence of India Rules any sanction — ethical or popular? Secondly, have the rules, as they stand, been properly applied in my case? The answers to both the questions are in the negative.

The D.I. Rules have no ethical sanction behind them because they constitute an infringement of the elementary rights and liberties of the people. Moreover, they are essentially a war-measure and, as is known to everybody, India was declared a belligerent power and was dragged into the war without the consent of the Indian people or the Indian Legislature. Further, these Rules militate against the claim to vociferously made in Britain that she is fighting the cause of freedom and democracy. And lastly, the Congress Party in the Central Assembly was not a party to the adoption of the Defence of India Act or the Defence of India Rules. In these circumstances, it would not be improper to ask whether the Defence of India Rules should not more appropriately be called the Suppression of India Rules or the Defence of Injustice Rules.

It may be urged on behalf of this Government that the Defence of India Act being an Act of the Central Legislature, all provincial Governments are obliged to administer the Rules framed there under. But enough has already been said above to justify the charge that the Rules, even as they stand, have not been properly applied in my case. There has been manifest illegality and injustice. Only one explanation can, to my mind, account for such a strange conduct, viz. that Government have been pursuing a frankly vindictive policy, towards me for reasons that are quite inexplicable.

For more than two months, the question has been knocking at the door of my conscience over and over again as to what I should do in such a predicament. Should I submit to the pressure of circumstances and accept whatever comes my way — or should I protest against what to me is unfair, unjust and illegal? After the most mature deliberation I have come to the conclusion that surrender to circumstances is out of the question. It is a more heinous crime to submit to a wrong inflicted than to perpetrate that wrong. So, protest I must.

But all these days, protest has been going on and the ordinary methods of protest have all been exhausted. Agitation in the press and on the platform, representations to Government, demand in the Assembly, exploration of legal channels — have not all of these been already tried and found ineffective? Only one method remains — the last weapon in the hands of a prisoner, i.e. hunger strike or fast. In the cold light of logic I have examined the pros and cons of this step and have carefully weighed the loss and gain that will accrue from it. I have no illusions in the matter and I am fully conscious that the immediate, tangible gain will be nil, for I am sufficiently conversant with the behaviour of Governments and bureaucracies in such crises. The classic and immortal examples of Terence Macsweeney and Jatin Das are floating before any mind’s eye at the moment. A system has no heart that could be moved, though it has a false sense of prestige to which it always clings.

Life under existing conditions is intolerable for me. To purchase one’s continued existence by compromising with illegality and injustice goes against my very grain. I would throw up life itself, rather than pay this price. Government are determined to hold me in prison by brute force. I say in reply: ‘Release me or I shall refuse to live — and it is for me to decide whether I choose to live or to die.’

Though there may be no immediate, tangible gain — no suffering, no sacrifice is ever futile. It is through suffering and sacrifice alone that a cause can flourish and prosper and in every age and clime, the eternal law prevails — ‘the blood of the martyr is the seed of the church’.

In this mortal world, everything perishes and will perish — but ideas, ideals and dreams do not. One individual may die for an idea but that idea will, after his death, incarnate itself in a thousand lives. That is how the wheels of evolution move on and the ideas, ideals and dreams of one generation are bequeathed to the next. No idea has ever fulfilled itself in this world except through an ordeal of suffering and sacrifice.

What greater solace can there be than the feeling that one has lived and died for a principle? What higher satisfaction can a man possess than the knowledge that his spirit will beget kindred spirits to carry on his unfinished task? What better reward can a soul desire than the certainty that his message will be wafted over hills and dales and over the broad plains to every corner of his land and across the seas to distant lands? What higher consummation can life attain than peaceful self-immolation at the altar of one’s cause?

Hence it is evident that nobody can lose through suffering and sacrifice. If he does lose anything of the earth earthy, he will gain much more in return by becoming thee heir to a life immortal.

This is the technique of the soul. The individual must die, so that the nation may live. Today I must die, to that India may live and may win freedom and glory.

To my countrymen I say, ‘Forget not that the greatest curse for a man is to remain a slave. Forget not that the grossest crime is to compromise with injustice and wrong. Remember the eternal law: You must give life, if you want to get it. And remember that the highest virtue is to battle against inequity, no matter what the cost may be.’

To the Government of the day I say, ‘Cry halt to your mad drive along the path of communalism and injustice. There is yet time to retrace your steps. Do not use a boomerang which will soon recoil on you. And do not make another Sindh of Bengal.’

I have finished. My second and last request to you is that you should not interfere forcibly with my fast, but should permit me to approach my end peacefully. In the case of Terence Macsweeney, of Jatin Das, of Mahatma Gandhi and in our own case in 1926 Government did decide not to interfere with the fast. I hope they will do the same this time — otherwise any attempt to feed me by force will be resisted with all my strength, though the consequences thereof may be even more drastic and disastrous than otherwise. I shall commence my fast of the 29th November 1940.

Yours faithfully,

Subhas Chandra Bose

Presidency Jail,

26.11.1940

P.S. As in my previous fasts, I shall take only water with salt. But I may discontinue this later on, if I feel called upon to do so.

S.C.B.

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