Part 5, Chapter 15

Case Withdrawn

5 min

The trial began. The Government pleader, the Magistrate and other officials were on tenterhooks. They were at a loss to know what to do. The Government pleader was pressing the Magistrate to postpone the case. But I interfered and requested the Magistrate not to postpone the case, as I wanted to plead guilty to having disobeyed the order to leave Champaran, and read a brief statement as follows:

The trial began. The government lawyer, the magistrate, and the other officials were anxious. They did not know what to do. The government lawyer was urging the magistrate to postpone the case. But I intervened and asked the magistrate not to postpone it. I wanted to plead guilty to disobeying the order to leave Champaran. I then read a brief statement as follows:

‘With the permission of the Court I would like to make a brief statement showing why I have taken the very serious step of seemingly disobeying the order passed under Sec. 144 of Cr. P. C. In my humble opinion it is a question of difference of opinion between the Local Administration and myself. I have entered the country with motives of rendering humanitarian and national service. I have done so in response to a pressing invitation to come and help the ryots, who urge they are not being fairly treated by the indigo planters. I could not render any help without studying the problem. I have, therefore, come to study it with the assistance, if possible, of the Administration and the planters. I have no other motive, and cannot believe that my coming can in any way disturb public peace and cause loss of life. I claim to have considerable experience in such matters. The Administration, however, have thought differently. I fully appreciate their difficulty, and I admit too that they can only proceed upon information they received. As a law-abiding citizen my first instinct would be, as it was, to obey the order served upon me. But I could not do so without doing violence to my sense of duty to those for whom I have come. I feel that I could just now serve them only by remaining in their midst. I could not, therefore, voluntarily retire. Amid this conflict of duties I could only throw the responsibility of removing me from them on the Administration. I am fully conscious of the fact, that a person, holding, in the public life of India, a position such as I do, has to be most careful in setting an example. It is my firm belief that in the complex constitution under which we are living, the only safe and honourable course for a self-respecting man is, in the circumstances such as face me, to do what I have decided to do, that is, to submit without protest to the penalty of disobedience. ‘I venture to make this statement not in any way in extenuation of the penalty to be awarded against me, but to show that I have disregarded the order served upon me not for want of respect for lawful authority, but in obedience to the higher law of our being, the voice of conscience.’
‘With the Court’s permission, I would like to make a brief statement. I want to explain why I have taken the very serious step of apparently disobeying the order issued under Section 144 of the Criminal Procedure Code. In my humble opinion, the matter comes down to a difference of opinion between the local Administration and me. I came to this country to serve humanitarian and national causes. I came in response to an urgent invitation to help the ryots, or tenant farmers. They say the indigo planters are not treating them fairly. I could not help without studying the problem. I have therefore come to study it, with the help of the Administration and the planters if possible. I have no other motive. I cannot believe that my arrival could in any way disturb the public peace or cause loss of life. I believe I have considerable experience in such matters. The Administration, however, has taken a different view. I fully appreciate its difficulty. I also admit that it can act only on the information it has received. As a law-abiding citizen, my first instinct was to obey the order served on me. But I could not obey without violating my sense of duty to those I came to help. I feel that, for now, I can serve them only by remaining among them. I could not, therefore, leave voluntarily. Caught between these conflicting duties, I could only leave it to the Administration to remove me. I am fully aware that a person in my position in India’s public life must take great care in setting an example. We live under a complex system of government. In circumstances such as mine, I firmly believe there is only one safe and honourable course for a self-respecting man. It is the course I have decided to take: to accept the penalty for disobedience without protest. ‘I make this statement not to lessen the penalty imposed on me. I make it to show why I have disregarded the order served on me. I have not done so out of disrespect for lawful authority. I have done so in obedience to the higher law of our being, the voice of conscience.’

There was now no occasion to postpone the hearing, but as both the Magistrate and the Government pleader had been taken by surprise, the Magistrate postponed judgment. Meanwhile I had wired full details to the Viceroy, to Patna friends, as also to Pandit Madan Mohan Malaviya and others.

There was no longer any reason to postpone the hearing. But both the Magistrate and the government lawyer had been taken by surprise, so the Magistrate postponed judgment. Meanwhile, I had sent full details by telegram to the Viceroy, friends in Patna, Pandit Madan Mohan Malaviya, and others.

Before I could appear before the Court to receive the sentence, the Magistrate sent a written message that the Lieutenant Governor had ordered the case against me to be withdrawn, and the Collector wrote to me saying, that I was at liberty to conduct the proposed inquiry, and that I might count on whatever help I needed from the officials. None of us was prepared for this prompt and happy issue.

Before I could appear in court to receive my sentence, the Magistrate sent me a written message. The Lieutenant Governor had ordered the case against me withdrawn. The Collector also wrote to say that I was free to conduct the proposed inquiry. He added that I could count on any help I needed from the officials. None of us had expected such a quick and happy outcome.

I called on the Collector Mr. Heycock. He seemed to be a good man anxious to do justice. He told me that I might ask for whatever papers I desired to see, and that I was at liberty to see him whenever I liked.

I visited the Collector, Mr. Heycock. He seemed to be a good man who wanted to do justice. He told me I could ask to see any papers I wanted. He also said I could see him whenever I liked.

The country thus had its first direct object lesson in Civil Disobedience. The affair was freely discussed both locally and in the press, and my inquiry got unexpected publicity.

The country thus saw its first direct example of Civil Disobedience. The affair was widely discussed locally and in the press, and my inquiry received unexpected publicity.

It was necessary for my inquiry that the Government should remain neutral. But the inquiry did not need support from press reporters or leading articles in the press. Indeed the situation in Champaran was so delicate and difficult that over-energetic criticism or highly coloured reports might easily damage the cause which I was seeking to espouse. So I wrote to the editors of the principal papers requesting them not to trouble to send any reporters, as I should send them whatever might be necessary for publication and keep them informed.

For my inquiry, it was necessary for the Government to remain neutral. But the inquiry did not need support from reporters or newspaper editorials. In fact, the situation in Champaran was very delicate and difficult. Overly aggressive criticism or exaggerated reports could easily harm the cause I was trying to support. So I wrote to the editors of the major newspapers, asking them not to bother sending reporters. I would send them whatever was necessary to publish and keep them informed.

I knew that the Government attitude countenancing my presence had displeased Champaran planters, and I knew that even the officials, though they could say nothing openly, could hardly have liked it. Incorrect or misleading reports therefore were likely to incense them all the more, and their ire, instead of descending on me, would be sure to descend on the poor fear-stricken ryots, and seriously hinder my search for the truth about the case.

I knew the Champaran planters were displeased that the Government allowed me to be there. I also knew that the officials, though they could say nothing openly, could hardly have liked my presence. Incorrect or misleading reports were therefore likely to anger them all the more. Their anger, instead of falling on me, would surely fall on the poor, frightened tenant farmers. It would also seriously hinder my search for the truth about the case.

In spite of these precautions, the planters engineered against me a poisonous agitation. All sorts of falsehoods appeared in the press about my co-workers and myself. But my extreme cautiousness and my insistence on truth, even to the minutest detail, turned the edge of their sword.

Despite these precautions, the planters stirred up a poisonous campaign against me. All sorts of lies about my co-workers and me appeared in the press. But my extreme caution and insistence on truth, even in the smallest detail, blunted their attack.

The planters left no stone unturned in maligning Vrajakishorebabu, but the more they maligned him, the more he rose in the estimation of the people.

The planters did everything they could to damage Vrajakishorebabu's reputation. But the more they attacked him, the more people respected him.

In such a delicate situation as this, I did not think it proper to invite any leaders from other provinces. Pandit Malaviyaji had sent me an assurance that whenever I wanted him, I had only to send him word, but I did not trouble him. I thus prevented the struggle from assuming a political aspect. But I sent to the leaders and the principal papers occasional reports not for publication but merely for their information. I had seen that even where the end might be political, but where the cause was non-political, one damaged it by giving it a political aspect, and helped it by keeping it within its non-political limit. The Champaran struggle was a proof of the fact that disinterested service of the people in any sphere ultimately helps the country politically.

In such a delicate situation, I did not think it right to invite leaders from other provinces. Pandit Malaviyaji had assured me that I only had to send word whenever I wanted him. But I did not trouble him. In this way, I kept the struggle from taking on a political character. But I occasionally sent reports to the leaders and the major newspapers, not for publication, but simply to inform them. I had seen that even when the goal might be political, a non-political cause suffered if given a political character. Keeping the cause within its non-political limits helped it instead. The Champaran struggle showed that selfless service to the people in any field ultimately helps the country politically.