THE INDIAN NATIONAL ARMY TRIALS
| Published date | 01 January 1948 |
| Author | L. C. Green |
| DOI | http://doi.org/10.1111/j.1468-2230.1948.tb00071.x |
| Date | 01 January 1948 |
THE
INDIAN NA'I'IONAL
ARMY
TRIAIS
ANY
discussion of the Indian National Army (I.N.A.) trials,
1944-1946, raises problems of military law, constitutional law,
international law and politics. Before considering the trials
themselves
a
brief note is necessary of the history of the I.N.A.
At the outbreak of the Pacific war there were approximately
70,000
Indian troops in Malaya, and even before Singapore fell
some 200
of
them joined the Japanese under Major Fujiwara
and took part in infiltration and propaganda activities.
Singapore surrendered on February 15,
1942,
and two days
later the Indian troops were handed over to the Japanese as
prisoners of war.' The Japanese transferred them to
'
General
'
Mohan Singh-a captain in the
1
/
14th Punjab Regiment-who
told them
'
We are going to form an Indian National Army to
fight for the independence of India. You must all join'.'
Recruiting for this purpose was conducted by means of
propaganda speeches and physical vi~lence.~
The I.N.A. formally came into existence on September
1,
3942,' with Mohan Singh
as
G.O.C., but he was arrested by the
Japanese in December,s when the I.N.A. suffered
a
temporary
Matters were put on
a
new footing with the arrival
in Tokyo of Subhas Chandra Bose in June,
1948.
He immedi-
ately assumed political and military leadership
of
the Indian
indopendence movement, and on October
21,
1948, announced
the formation of the Provisional Government
of
Free India
which
'
is
entitled to, and hereby claims, the allegiance of every
Indian.
.
.
.
We call upon the Indian people to rally round
our banner and strike for India's freedom
'.'
Two days later
the Japanese recognised the Provisional Government, promising
'
every possible co-operation and support in the Provisional
1
For
an account
of
thie ceremony see
Slotesman
(India), Novembor
22,
1946;
evidence
of
S.
M.
Babu
Ram.
a
Transcripl
of
proceedings
of
cohrt martial
of
Captain
Shah
Nawaz
Khan
and
olhers.
J
See
comments below
on
trial
of
Subedar Sbingsra Singli, 5/14
P.R.
4
For documents relative to the I.N.A.
sco
Formation
and Growth of the
I.N.A.,
editcd
Durlab
Singh, Lahore, 1946.
3
He
remained in custody until after tho Jnpanesc surrender; undcr
tho
policy
concerning tho I.N.A.
he
ans
not coiirt mnrtiallrd.
4
An account
of
this
period
of
difficult
appeare
in
Jai
Hind,
the
Diary
of
a
Ilebel Daughter
of
India.
Bombay, 1846.
pp.
18
et seq
9
I.N.A.
Defence
by Bhulabhai
J.
Dee& Delhi, 1946, p. 176.
Opening address
of
Advocate Qoneral
of
India.
47
48
THE
MODERN
LAW
REVIEW
VOL.
If
Government's efforts to attain its object
:
Complete Indepen-
dence of India
'.n
On October
25,
1942, the Provisional
Government
of
Azad
Ifind
(Free India) declared war on Great
Britain and the United States of America. Within a matter
of days Germany, Italy, Burma, Thailand, Croatia, Man-
chukuo,
'
free
'
China and the Philippines accorded recognition,
while felicitations and
a
large financial gift were sent by Irish
Republicans,u and I.N.A. sources assert that Bose received.
a
message of congratulation from the Goverriment of Eire."
Shortly after this General Tojo announced that the Andaman
and Nicobar Islands were to be ceded to the Provisional
Government as Indian territory.'l Although the administra-
tion was not free from Japanese interference, the Indian
authorities were also made nominally responsible for the
administration of the area round Kohima, captured by the
Japanese in 1944, and printed their own.stamps for the region,
although these were never issued
for
use.'* In January, 1944,
I.N.A. forces were in action in the Kohima-Imphal area, but
fell back when the Japanese retreated. By March, 1945, vast
numbers of their officers and men were in British hands, and
with the capture
of
Rangoon, May
8,
1945, the I.N.A. virtually
ceased to exist, although some activities continued until the
surrender of Singapore.
During 1948 and 1944 courts martial were taking place in
India of those persons who had formerly belonged to the Indian
and Burman armies, but had been captured fighting in the
ranks of the I.N.A., or working on
its
behalf. At this time
the fate of I.N.A. personnel did not involve any political issues
or
sympathies,
for
the attitude of the political leaders of India
is well seen from a remark by Pandit Nehru
:
'
Three years
ago
I
was asked in Calcutta what
I
would do
if
Subhas Bose
led an army into India on the plea of liberating India.
I
roplied then that
I
would not hesitate to resist this invasion
even though
I
did not doubt that Subhas Dose and his Indian
colleagues and followers were motivated by the desire to free
India and were in no way mere tools of the Japanese. Never-
theless, they had put themselves on the wrong side and were
Jai
Hind,
p.
GO.
Joi
Hind,
p.
73.
Deulschc
Allgemcine
Zcilutig,
Decembcr 3, 1943,
quoting
Domei
News
Ageticy
report,
Dccernber
2,
1943,
of
messa
c
of
thanks
from
Bosc.
Thc
London
officc
of
the
High
Commissioner denies
&at
the Govcrnment
of
Eire
sent
any
such
message
to
Bosc.
Exhibib UUUU,
Shah
Nawaz
Case,
cited in Dcsai,
I.c.,
p.
13.
Stamp
Collecting,
London,
Novcmbcr
10,
1946.
Used
by
Nr.
Dceni
ns
evidence
of
civilian governmental activities, Desai, I.c.,
p.
21.
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