Notion Press Old No. 38, New No. 6 McNichols Road, Chetpet Chennai - 600 031 First Published by Notion Press 2017 Copyright © S. Padmavathi & D.G. Hariprasath 2017 All Rights Reserved. ISBN 978-1-946436-34-4 This book has been published with all efforts taken to make the material error-free after the consent of the author. However, the author and the publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. No part of this book may be used, reproduced in any manner whatsoever without written permission from the author, except in the case of brief quotations embodied in critical articles and reviews. # CONTENTS # Foreword ix Authors’ Foreword xi Special Acknowledgements xiii Gratitude of S. Padmavathi Alias Mrs. Z.Y. Himsagar xv Gratitude of Mr. D.G. Hariprasath xvii Volume I 1 Chapter I: Introduction 3 Chapter II: Facts 8 Chapter III: Inquiries – Delhi 18 Chapter IV: Inquiries – Bombay 36 Chapter V: Scope of the Inquiry 45 Chapter VI: Background of the Accused 64 Chapter VII: Jurisdiction of the Commission 70 Chapter VIII: Powers of a Minister and Ministerial Responsibility 77 Chapter IX: Panchgani Incident 94 Chapter X: Wardha Incident 104 Chapter XI: Accident to Gandhiji’s Special Train 107 Volume II 111 Chapter XII: Conditions in Delhi 113 Chpater XIII: Alwar 200 Chapter XIV: Gwalior 212 Volume III 215 Chapter XV: Poona 217 Chapter XVI: Ahmednagar 265 Chapter XVII: Razakar Movement 294 About the Authors 309 b VOLUME I b # CHAPTER I #INTRODUCTION 1.1 This Commission was appointed by notification dated March 22, 1965, S.O. 992. Mr. Gopal Swarup Pathak, M.P., was appointed to make the Inquiry. On his being appointed a Minister, I was appointed to conduct the Inquiry on November 21, 1966. The terms of reference were: (a) Whether any persons, in particular Shri Gajanan Viswanath Ketkar of Poona, had prior information of the conspiracy of Nathuram Vinayak Godse and others to assassinate Mahatma Gandhi; (b) Whether any of such persons had communicated the said information to any authorities of the Government of Bombay or of the Government of India; in particular, whether the aforesaid Shri Ketkar had conveyed the said information to the late Bal Gangadhar Kher, the then Premier of Bombay, through the late Balukaka Kanitkar. (c) If so, what action was taken by the Government of Bombay, in particular by the late Bal Gangadhar Kher and the Government of India on the basis of the said information. This notification was amended by notification No.31/28/68-Poll.I (A) dated October 28, 1968, making clause (c) to read as follows: (c) If so, what action was taken by the Government of Bombay, in particular by the late Bal Gangadhar Kher and the Government of India and by the officers of the said Governments on the basis of the said information? 1.2 To assist this Commission, Mr. G.N. Vaidya was engaged by the Government of Maharashtra and Mr. K.S. Chawla, Barrister-at-Law was appointed for the Government of India. The Government of India then replaced their Counsel and engaged Mr. B.B. Lall, Advocate, who appeared before the Commission as from February 10, 1968. Mr. G.N. Vaidya having been raised to the Bench, Mr. R.B. Kotwal took his place. 1.3 After I was appointed to conduct the Inquiry, notices were issued under rule 2(1) (a) of the rules under the Commissions of Inquiry Act (Act LX of 1952). 1.4 The Commission examined 101 witnesses and 407 documents were produced by the two Governments and witnesses who appeared before the Commission. The examination of the witnesses took 162 days at various places where the Commission had to sit for the convenience of the witnesses – Bombay, New Delhi, Dharwar, Nagpur, Poona, Baroda, and Chandigarh. Mahatma Gandhi Assassination: J.L. Kapur Commission Report - Part-1 “Sajjan” alias Bal Gangadhar Kher (1888–1957) Premier of Bombay at the time of Mahatma’s assassination Balasaheb Gangadhar Kher (shortly known as B.G. Kher) was the First Chief Minister of Bombay State. He was born in a middle class Karhade Brahmin family. He was a lawyer, solicitor, scholar, social worker, an elite politician, and excellent orator. He ran a law firm called Manilal Kher & Co. He took part in Civil Disobedience Movement and Quit India Movement and underwent two years rigorous imprisonment in addition to many months of jail-terms. He was instrumental in the establishment of University of Pune. He allotted plots of land in Bandra East to Scheduled Caste people in 1951 and the area is known as Kherwadi in his memory. He was known for his sterling honesty, sincerity and a preference for the Angloway of administration. He was awarded the Padma Vibhushan in 1954. B.G. Kher is fondly remembered as “Sajjan,” which means good and gentle. Kher was Born in Ratnagiri on 24th August 1888 and died in Pune on 8th March, 1957. Balukaka Kanitkar Political sanyasi with intellectual determination (Born in 1886 – death not known) (Balukaka Kanitkar preferred a Mercy Petition to His Excellency the Governor General of India Mr. C. Rajagopalachari On March 12, 1949, therein he pleaded “Not to hang Godse and Apte, but to reform them”) Balukaka Kanitkar: The ancestors of Mr. Kanitkar held high rank in the Maharashtra cavalry. But nature never meant him for the military profession. He found the regimental duties very little to his taste. So he took to politics where he distinguished himself from other workers of promise. He is the main stay and ornament of the political workers in Maharashtra. He was born at Poona in 1886. He was educated at the Deccan College and graduated with honours in 1908. In 1909, when the land was seething with unrest he founded the Students Home. The members of this institution played a prominent role in the Mulshi Satyagraha. His solid work in the Chinchvad village is well engraved in the memories of men. He began village uplift work too soon and has won lasting fame. He is a political sanyasi (ascetic) by effort of intellectual determination. He has sacrificed all his fortunes in Freedom’s cause. Mr. Kanitkar is speaker of note in Marathi. Often he rises into high flights of oratory. He shines without a peer in mass-suggestion. Self-possession, clearness of thought, and marvelously acute logical faculty are his great merits. Source: Haripura Congress Souvenir, 1938; copyright permission: [email protected] /www.kamat.com/Kamat’s Potpourri 4 S. Padmavathi & D.G. Hariprasath Trial Judge Atma Charan The Trial of Mahatma Gandhi Murder and Conspiracy Case was held in Red Fort (Investigating Officer J.D. Nagarvala in full Uniform standing near the accused dock and Nathuram Vinayak Godse sitting first in the corner of the accused dock) Besides some Defense Counsel and Prosecutors and Police Officials are also seen This picture was taken during the First Week of the commencement of the Trial; thereafter taking photographs of Court Proceedings was prohibited. 1.5 As the matter under inquiry was of great importance to the two Governments, the Commission allowed them full opportunity to produce evidence and to cross-examine witnesses whom the Commission called and the Commission is glad to say that the witnesses who were summoned appeared most willingly and without demur suffered the strain and embarrassment if not the discomfort of searching cross-examination. Counsel argued their respective cases for 50 days out of which Mr. R.B. Kotwal took 37 days and Mr. B.B. Lall 13. Commission thought it fit to give full latitude to Counsel to put their respective cases before the Commission. A list of the sittings on different dates and the number of witnesses examined and their names are set out in the Appendix I. 1.6 The Commission is glad to say that it got full co-operation from witnesses as well as from Counsel but for which it might have been difficult to make the Inquiry. 1.7 The Report is in six volumes. The evidence recorded by the Commission is contained in five volumes and the documents produced before it are contained in another five volumes. Besides this, the record of the proceedings before Judge Atma Charan had also to be perused as some of the statements were made parts of the evidence before the Commission. The case diaries of the Delhi Police investigation into the bomb case and the murder case and the Crime Report of the Bombay Police as also some of the files produced by the Government of India, Director, Intelligence Bureau and by the Inspector General of Police, Delhi, have been made parts of the record. 1.8 The Commission wishes to thank all those officers who throughout assisted the Commission in its Inquiry and also those officers of the Government of India as well as of the Government of Maharashtra who have produced the documentary evidence required by the Commission or were necessary to subserve the smooth 5 Mahatma Gandhi Assassination: J.L. Kapur Commission Report - Part-1 working of the Commission. In this matter, the Government of Maharashtra has been particularly helpful and they placed all the relevant records which were in their possession. The Government of India have also placed such documents which were in their possession and the Director, Intelligence Bureau has also done the same. But for their willing co-operation it might not have been easy to conduct this Inquiry or to bring it to a successful end.