KISSA KURSI KA THE CASE OF THE MISSING FILM With his expected release from judicial custody in for allegedly destroying prints of a Hindi Q.N.VQHRA Delhi's Tihar Jail on feature film KKK, produced by June 5, , MP, . errant son of former Although the KKK case has had its fair prime minister Indira share of high legal drama with key prosecu- Gandhi, has discovered tion witnesses turning hostile with ominous that he is not destined for regularity, public interest in the case has been political martyrdom. The virtually non-existent. initial, sporadic outbursts In fact, most people are under the of vocal protest over the Supreme Court's mistaken impression that Sanjay's alleged decision on May 5 to cancel Sanjay's bail for destruction of the KKK prints is a relatively one month in the Kixsa Kursi Ka (KKK) case minor offence. Few are aware that if convicted (in which he is the principal accused), have in the KKK case, both Sanjay and Shukla can subsided as rapidly as they surfaced. be liable to the maximum punishment of life Even the news-starved media has aban- imprisonment, (see page 25) doned him with equal promptness after Apathy: The main reason for public tersely informing the public about his eating, apathy in the KKK case is that media cover- sleeping and reading habits during his intern- age of the hearing has been largely sporadic ment as a temporary guest of the Government. and threadbare owing to the innumerable More significantly, it is also a measure of adjournments, disturbances and stalling Mrs Gandhi's new political strategy that she tactics that have dogged the KKK hearings has chosen to remain ominously silent about since its inception last March. An additional her son's dramatic detention last month. factor is that it is one of the few cases which It is poetic justice that, among all his lacks the dual attraction of the involvement alleged sins, Sanjay finds himself behind of Mrs Gandhi. V. C. Shukla, who has bars for a case that has aroused the least pub- carefully maintained a very low profile since lic interest. Sanjay, along with Indira his fall from grace, is evidently an inadequate Gandhi's former information and broad- substitute. A trunk that allegedly contained KKK prints Ironically, Nahata, the man indirectly being carried into Tis Hazari courts responsible for Sanjay's 30-day confinement in Tihar Jail, has aroused the least interest among the dramatis personae. In fact, a Sanjay arriving under heavy guard at Tis majority of Indians are not even aware of Hazari courts to testify—hopingfor martyrdom what the man looks like. Nahata himself, despite the notoriety of KKK, is an unlikely ed by Nahata's commercially-oriented deci- candidate for moviedom's Hall of Fame, sion to replace the original heroine with (see page 31). busty calendar girl Katy Mirza (see photo). An innocuous, self-styled film-maker According to Nahata, he just barely managed (KKK was his third celluloid venture), to recoup the Rs 14 lakh he claims he spent Nahata has been forcibly catapulted on producing the film. Interestingly, in a into the limelight under rather bizarre cir- letter to Shukla's successor, L. K. Advani cumstances. His original film, which was in the immediate wake of Mrs Gandhi's essentially a prophetic parody on Sanjay electoral debacle in March 1977, Nahata Gandhi, showing, in Nahata's own words, wrote that "were it (KKK) to be released "how unscrupulous politicians rape the even now, it would have broken all box dumb people of the country", turned out to office records. Looking at all these considera- be a bigger parody in real life than the re-made tions, I would be entirely within the limits of version that finally appeared on the screen reasonableness (sic) if I claim a compensation early this year. of one crore of rupees if you cannot return Paradoxically, Nahata has himself dis- my film to me". played a marked lack of scruples as far as In fact, the ill-fated odyssey of the his controversial film is concerned. When he original KKK prints, around which the originally made the film, in April 1975, entire prosecution case revolves, actually Nahata was an MP owing allegiance to the reads more like a Fellini-type political Congress Party led by Mrs Gandhi, which parody than the celluloid version of was then in power. He has since jumped onto KKK. Undoubtedly, Nahata's unfortunate the Janata bandwagon without batting the choice of KKfCs film script was either an act proverbial eyelid. of suicidal bravery or one of uninhibited Flop: Also, despite its unexpected ad- optimism. vance publicity, the re-made version of KKK Parody: When Nahata first submitted \g minister V. C. Shuklaturne, isd facinout to gb etria a daml p squib, commercially the KKK print for censorship clearance in and otherwise. The crudeness and the vague April 1975, was already flexing obscurity of the plot was in no way embellish- her dictatorial muscles and Sanjay was

INDIA TODAY. JUNE 1-15. 1978 ^ Causing the destruction of the said THE CHARGES film material with intent to cause wrongful O. N. Vohra, Additional Districts & loss to the owner of the said film by setting Sessions Judge, has charged Vidya Charan ii or causing it to be set on fire. ... Shukla (accused No. 1) and Sanjay Gandhi *• Knowing or having reason to believe (Accused No. 2) with 13 separate offences. that the said material was stolen property The major charges against them are: to receiving or retaining the same. ... That you (Shukla and Sanjay) along- ^- Voluntarily concealing or disposing or with R. B. Khedkar, K. S. Yadav and making away with the said property knowing others during the period between April that the same was stolen property and 1975 to May 1977 at Bombay, Delhi and voluntarily assisting in the said act of con- were parties to a criminal cons- cealment or disposal or making away with piracy to commit or cause to be committed the said property. ... the following offences: Section 409 of I.P.C. ^- Criminal breach of trust in respect of Criminal breach of trust by a public the original negatives, prints and other servant, or by banker, merchant or agent. material of the Hindi feature film Kissa Whoever, being in any manner entrusted Kursi Ka produced by Shri Amrit Nahata, with property, or with any domination dominion over which was entrusted to over property in his capacity of a public- you, accused No. 1, in your capacity as a servant ... criminal breach of trust in res- public servant, being an offence punishable pect of that property shall be punishable under Section 409,1.P.C. with imprisonment for life. ...

emerging from the shadows. In the words of Inevitably, there was a sharp difference of S. M. Murshid, joint secretary in the opinion within the examining committee ministry of information and broadcasting, when the film was screened for them on Nahata's film was a stringent critique of April 24, 1975. Three members recommended the politicians in power at that time, and that the film be granted a 'U' certificate subject contained thinly-veiled references to "certain to some cuts, while one member and the then personages who were then very much in acting chairman, N. S. Thapa, insisted that evidence in the upper echelons of political the film be refused a certificate on the grounds power". that it was "likely to arouse disrespect It is difficult to imagine how Nahata towards the country and incite incidence to V. C. Shukla with his defence counsel -a low expected his film to escape the censor's overthrow the Government in power". It was profile sharply-honed scissors even though the finally decided to refer the film to a revising Ministry. According to Nahata, he deposited Emergency was still two months away. committee. one positive print of his film KKK at the In KKK, the main political party had a When KKK was screened before the Mahadev Road auditorium on May 17, 1975. "people's car" as its election symbol—an seven-member revising committee on May 1, Objections: But Nahata had also seen obvious take-off on Sanjay Gandhi's dubious 1975 at Bombay's Academia Theatre, six the writing on the wall, and lost no time in Maruti car project. members approved a 'U' certificate subject attempting to foil the move. On June 12, KKK also lampooned prominent Sanjay to the deletion of certain portions. Thapa, 1975, he filed a writ petition in the Supreme supporters like Swami Dhirendra Brahma- however, who was acting chairman while the Court requesting a writ of mandamus (order chari, Indira Gandhi's private secretary incumbent chairman V. D. Vyas was away directing any public authority to perform its R. K. Dhawan, and femme on leave, vetoed the unanimous decision official duty) directing the Central Govern- fatale Rukhsana Sultana of Turkman Gate and directed that the matter be passed on ment to certify KKK for exhibition. How- fame (played by Katy Mirza in the revised to the Central Government. Meanwhile, ever, while Nahata's petition was still version). Nahata was instructed to forward the positive hanging fire in the Supreme Court, the Infor- Seemingly undaunted, Nahata submit- print of KKK to the Film Division auditorium mation Ministry passed an order dated June ted his film to the Central Board of Film on Delhi's Mahadev Road, while the official 18, 1975, which stated that KKK was being Censors in Bombay on April 19, 1975. KKK file was dispatched to the Information examined by the Government and the case Left: Cans alleged to have contained KKK. .films being recovered from a nullah near Gurgaon. would be dealt with under the requisite Right: The spot where the locks of the trunks containing KKK. films were allegedly melted inside provisions of the Cinematograph Act. The the Maruti factory ministry added salt to the wound by handing Nahata a show cause notice issued by Joint Secretary Murshid, which listed a total of 51 separate objections to his film. Nahata's subsequent claim that the objections were "frivolous" and "absurd" seems largely justified, considering the nature of some of the objections. For instance, Objection 2 states that "all portions of shots and sequence wherever the president or members of his council are shown wearing caps in Gandhian style being white, blue and yellow". Objection 9 was to a line in the dia- logue which merely states that "I propose the only male member of this club, Miss Meera Devi, M. A. Politics, be put up as a Presiden- tial candidate": Similarly, another objection 25 was to the line; "Where is poverty in Jan Can Deshl There are only poor." However, the Information Ministry, in its infinite wisdom, felt that these portions would "ferment social unrest or discontent to such an extent as to incite people to crime and will promote disorder, violence, a breach of law or disaffection or resistance to the Government". Three days after the show cause notice was issued, Mrs Gandhi decided to clamp down the Emergency, and shortly after, V. C. Shukla took over as information minister. Heavy Odds: Despite the odds piling up against him, Nahata was still determined to salvage his film. On July 11, 1975 he submitted a written reply to the 51 objections in which, contrary to his later claims, he stated that the characters in KKK were "imaginary and do not refer to any political party or persons". Prosecution counsel Jethmalani visiting the Maruti factory However, the fate of KKK had already been sealed at an alleged secret coordination Rule 51 of the said Rules, the Central Govern- phoenix entered its last mystery-shrouded committee meeting held on July 7, 1975 ment hereby declare the film Kissa Kursi lap. chaired by V. C. Shukla. The prosecution Ka to be forfeited to the Central Govern- On August 1, 1975 the Theatre Branch has alleged that during the meeting, Shukla ment". of the Bombay police seized all the KKK film had ordered that the film, including the origi- Government Property: On July 17, 1975, material consisting of 5 steel trunks and 241 nal negatives, be seized. Nahata made a last-ditch attempt to rescue reels of film, including stills from the film, and While this is still to be proved, it is his film and re-applied to the Supreme Court handed the lot over to the Censor Board significant that on the same day Nahata asking for a stay of the seizure order. While Office. handed in his written reply (July 11). Joint the Supreme Court rejected Nahata's appeal, However, the event that triggered off Secretary Murshid had already passed an it also directed the Government to preserve the mysterious disappearance of the KKK order stating that "the film Kissa Knrsi Ka the film material of KKK, negatives as well as prints was Nahata's writ petition that came should not be given a certificate for public the prints lying in the Bombay Film Labora- up before the Supreme Court on October 29, exhibition on the grounds that it is against tory, and deposit them with the Censor 1975. In its judgement, the Supreme Court the interest and security of the state Board. With the film now officially the ordered that the film be screened for the Murshid followed this up with another order property of the Government, Nahata's role in judges on November 17, 1975 at New Delhi. dated July 14, which states that "in exercise the affair became a relatively minor one, while The order was passed on to the Information of the power conferred by sub-rule (I) of the brief but dramatic fight of the KKK Ministry, who confirmed that the film would

K. L. ARORA claims, "control your habits, your body, facts that are going to get his acquittal." then your mind won't wander and the Referring to the law he smiled and said: "In whole world is open to you." India every accused carries the presumption Confidently Calm Refusing to discuss the of innocence." " W always fight for the underdog, as acase, Arora said: "I am purely a professional. A graduate of Lahore's Law College, I matter of principle," declared Kun- I have no politics at all." He added that Arora came to India in 1946, during parti- JLdan Lai Arora, 64, defence counsel as a professional advocate he would "defend tion. He has worked in the capital ever since. for enfant terrible of the Emergency anybody" who came to him. Asked if he ever Recalling his younger days, he said: "My Sanjay Gandhi, in the Kissa Kursi Ka refused any client because he felt they had a first famous case was the Usha Advani case. One of the top criminal lawyers of the reputation of being unworthy, Arora said, watch smuggling case." The case became capital, Arora has had many prominent "I have no right to judge the client. It is the famous because of its connection with names as his clients, but continues to Henry Labrasor, the greatest smuggler of lead the life of an ascetic. He feels, a K. L. Arora—•"/ do mv best." modern times, whose contraband varied from puritan way of life is the only way to live. cosmetics to arms. Labrasor was later accused "Life is so straight,''he says, "why complicate of supplying arms to Algeria. During the it?" His manner in court coincides strongly Emergency, Arora was defence counsel for with his "straightforward attitude" to living. Viren Shah, MP, in the Baroda Dynamite Extremely sober, but confident and alert Case. Some years earlier he had prosecuted during court proceedings, Arora sits slumped Surinder Kairon, son of the late Chief in his chair when not cross-examining. Minister of Punjab, Pratap Singh Kairon. With his sparse patch of white hair on Arora deliberately takes on only one a balding head, Arora looks more like a case a day, as he finds it "distracting to harmless school teacher rather than a hard- do more". Money, he says, is only in- core criminal lawyer. His bare bedroom at cidental. Even so, his last year's income was home contains a few books on religion, "over one lakh rupees". Did it upset him statues of gods and his khadavas (wooden when he lost a case? "I do my best, then slippers). A confirmed bachelor, Arora is forget about it," he said. Waving his hand also devoutly religious and begins his morn- skywards, he added: "God is witness to ing in his small temple at home. "Only everything, the ultimate trial is above." self-discipline can bring you anything," he — MANDIRA PURIE 26 INDIA TODAY. JUNE 1-15. 1978 be screened on the day in question al the R. JETHMALANI Mahadev Road auditorium. Nahata, grab- m bing desperately at straws, took additional On the Prowl precautions by booking the auditorium in top flight criminal and constitutional his name for November 17, and also handed lawyer, chubby faced Ram Jeth- over advance payment for the hire. V malani, 54, has the flamboyance of a Hostile Witnesses: From this point on- Shakespearan actor. And perform he does. wards, the macabre sequence of events has Dressed in his starched lawyer's suit he been largely obscured by the conflicting casually rests a foot on a chair and throws evidence given by a number of key prosecu- his questions at the gallery; eyes flashing tion witnesses in the KKK case (all former behind gold rimmed spectacles, Jethmalani employees of Sanjay's Maruti factory) who resembles a tiger on the prowl—alert and have inexplicably turned hostile. So far, out authoritative. The advocates on the opposite of the 26 prosecution witnesses examined, side often register a complaint with the no less than ten have turned "hostile" in judge, accusing him of intimidating the the witness box, while a similar number have witnesses with his commanding voice. been "given up" by prosecution lawyers A stickler for thoroughness, Jethmalani because they had been allegedly "won over". begins his day in the early hours of the While the sudden spate of hostile wit- morning and reads during every spare minute nesses has caused undoubtable damage to the he has. Jethmalani divides his time between prosecution's case, it is also the reason why Delhi and Bombay—he represents Bombay Jethmalani with daughter Rani North-West constituency in Parliament (he defeated H. R. Gokhale). An astrologer Bar Council of India and the International aptly predicted for him: "You'll have many Bar Association. Subsequently, he was houses but never live in any." His flat in elected, vice-chairman and chairman of the Bombay is looked after by his second wife Bar Council of India. Five years ago, he was Ratna, 52, who is also a lawyer. The one in made vice-president of World Peace through New Delhi is run by his daughter Rani, the Law Centre. yet another lawyer in the family who speciali- After the promulgation of the Emergen- zes in marriage and divorce law. cy, Jethmalani publicly condemned the totali- Though Jethmalani works till late in tarian measures of Indira Gandhi's regime. the evening, he loves socializing at night. He was ordered to be detained without trial A firm believer in the good things of life, under MISA by a district magistrate in his weaknesses also include astrologers and Kerala, for his anti-Government attitude. palmistry. "I don't dismiss them as No less than 364 of his colleagues appeared in hogwash." Believing in "some cosmic force", the habeas corpus petition on his behalf when he starts his day by reading either the the Bombay High Court issued an injunction Bhagvad Gita, Guru Granth Sahib or Koran. against the execution of the warrant. He also enjoys Urdu poetry, bridge ("I On receiving the decision, Jethmalani play miserably.") and beautiful women. fled to America, where he was granted poli- Jethmalani grosses about two to three tical asylum. He effectively activated public lakh rupees a year. He charges a minimum of opinion against the Emergency abroad, parti- Rs 2,000 per day and sometimes Rs 2,500, if cularly by giving evidence before the Com- that particular case requires more reading. mittee on International Relations regarding A small paper weight on his desk neatly sums the negation of human rights in India. up his attitude to his career, 'Work is Jethmalani returned to India, at the end of Chief Justice Chandrachud—dramatic Worship'. Said Jethmalani: "I guess I am the Emergency and stood for elections judgement a kind of cerebral man. I have to use my for the first time. "I am an action man. Sanjay finds himself languishing in Tihar intellect by dealing with challenging and I need different channels to express myself," Jail. In fact, the Supreme Court's 25-page stimulating cases. Otherwise I would just he said. What was his estimation of the judgement cancelling Sanjay's bail handed rust." Janata Party, now that he was part of them. down by Chief Justice Y. V. Chandrachud Forty per cent of Jethmalani's cases are "The main factor why the people support the clearly stated that there "was satisfactory done free of charge. During the Emergency, Janata Party is because they are clean and proof that the respondent (Sanjay) has he did most of the "political detenues and honest." Though, he was quick to add, abused his liberty by attempting to suborn the cases involving impounding of passports". "Not always the epitome of efficiency." prosecution witnesses. He has therefore On what grounds did he decide not to bill Having publicly denounced Prime forfeited his right to be free". The judgement for his services? "Whenever it's for a national Minister Morarji Desai's pet project of total then went on to list "outstanding instances" cause," said he, "like any of the commis- prohibition in four years, Jethmalani has of attempts to suborn key prosecution wit- sions of inquiry." shown his strongly individualistic trait. nesses. As a colleague of his quipped: "They Currently busy with the notorious Kissa The entire prosecution case so far largely must have had the legal gene successfully Kursi Ka case, Jethmalani confesses, "This hinges on the evidence of R. B. Khedkar, one passed." Jethmalani is the fourth generation might have all the glamour, but I prefer a of the two approvers in the KKK case. lawyer, and was the youngest member to get challenging case." Khedkar, a former security officer in enrolled as an advocate in the Karachi High Regarding his future plans, Jethmalani Maruti, has testified that prints of KKK were Court. A special case had to be made for the said: "I don't think I will be in Parliament burnt by him in the Maruti factory premises bright 20-year-old. Besides being a professor during the next term. I find it rather dull, at Sanjay Gandhi's orders in late November at the Bombay College of Law, Jethmalani specially if one is part of the ruling party. 1975. According to his statement, the des- managed to find time to publish Conflict of I have no political ambitions, and do not have truction of the film took place on two suc- Laws, the only book on the subject. Soon any desire to be PM." cessive nights. He deposed that the film after that, he was appointed member of the — MANDIRA PURIE

INDIA TODAY, JUNE 1-15. 1978 27 material was removed from the original trunks and burnt in a pit. He also stated that the film cans were stamped with the name of the laboratory alongside the title, Kissa Kursi Ka. Dramatic: In fact, the KKK hearings, in spite of its lack of public interest, has proved no less dramatic than the events that precipitated the case. Despite the unusual number of key witnesses turning hostile, the entire proceedings so far have been domi- nated by the Thespian-like figure of Ram Jethmalani (see page 27) the prosecution counsel for the state and one of the country's best-known legal luminaries. Jethmalani, a plumpish, silver-haired man with deceptively innocent looks, is a commanding figure in court, with his drama- tic gestures and the vocal cords of a stage actor. According to the prosecution case, the disappearance of the KKK prints had been instigated by Shukla, who had allegedly issued instructions on November 6 (10 days before the proposed screening of KKK for Supreme Court judges) that all the negative and positive prints of KKK lying in New Delhi K. P. Sreedharan—prosecution witness and Bombay should be "secretly collected" Shukla's special assistant, V. S. Tripathi, and placed under his personal custody. and allegedly loaded on two tempo vans K. P. Sreedharan, a prosecution witness, belonging to Maruti. has testified that the KKK prints were collect- ^- That the tempos were driven by two ed "in the first week of November" from the Maruti drivers, Charan Singh and Ram Mahadev Road auditorium by S. Ghosh, then Chander (both of whom have turned hostile), deputy secretary in the Information Ministry. to the former prime minister's house and Sreedharan was at that time in charge of the thereafter to the Maruti factory at Gurgaon. Films Division auditorium. ^- The film material was unloaded and Another prosecution witness, M. I. stored on the premises of Maruti. Sethi, Bombay unit manager of the Films > A few days later, allegedly under Division, has testified that he had brought Sanjay's orders, security officer Khedkar (one the KKK prints from Bombay as "a secret of the two approvers) burnt all the film Government document" in 13 steel trunks on material along with assistant security officer November 9, 1975, by the Western Express. Yadav and watchman Om Prakash, on two Sethi deposed that he was accompanied on successive nights. the journey by M. N. Kane, another official ^ Supreme Court was told repeatedly that in the Films Division. Sethi testified that the film was not traceable, and eventually Deputy Secretary Ghosh took delivery of the on March 26, Deputy Secretary Ghosh filed 13 trunks at New Delhi railway station on an affidavit in the Supreme Court stating November 10. that the film KKK had been "mixed up" with In short, what the prosecution counsels other films. are essentially trying to prove is: ^ After the March general election, Sanjay *• Nahata deposited one positive print allegedly ordered the 13 trunks collected of KKK in the Films Division auditorium and had them destroyed. at Mahadev Road on 17.5.75 according to >• That Sanjay also allegedly destroyed the order passed by the Information Ministry. all records in connection with the storage of > The entire film material was packed in 13 the 13 steel trunks. steel trunks and brought to New Delhi ^•That in spite of the destruction of the railway station on November 10, 1975, by material, one trunk lid, one lock, one RCIA Kane and Sethi following instructions from showing 13 galvanized iron trunks and a senior officials in the Information Ministry. stock register showing 13 trunks, one intact >• That these instructions emanated from film can and 3 cm of burnt film were recover- V. C. Shukla. ed from the Maruti factory premises. > That the positive print in the Mahadev Struggle: The official KKK files of the Road auditorium was collected by Deputy Information Ministry highlight the ministry's Secretary Ghosh on November 6, 1975, in his 'struggle' to meet the Supreme Court's de- personal car, from where it was allegedly mands. A week before the screening date transferred to V. C. Shukla's staff car and fixed by the Supreme Court (November driven to 1, Safdarjung road. 17,1975), the Information Ministry informed > The entire film material which arrived in the Supreme Court that "the print is not New Delhi from Bombay on November 10 readily available and efforts are being made was received at the station by Ghosh and to trace it." Accordingly, the Supreme

INDIA TODAY, JUNE 1-15. 1978 29 Stills from the remade version ofKJ£.K.—(left) the Kursi that caused the controversy, and (right) Katy Mirza in a provocative pose Court extended the screening date to Decem- December 19, 1975 Raman again wrote a should be made from the negatives. Ghosh ber 12, 1975. Two days before the proposed personal letter to Shukla insisting that the again replied to Raman's letter on January screening, on December 10. the Information film be produced for screening on January 21, 1976 once again stating that the film was Ministry again informed the Court that 22, 1976. The letter also stated that if the still untraceable. Raman wrote back to the film had not yet been traced. On positive print was not available, a print Shukla on January 23, 1976 stating that the December 11. the Additional Solicitor Gene- Court, "as a final chance," adjourned the ral, V. P. Raman, wrote a personal letter to screening to March 1, 1976. On March 26, V. C. Shukla. stating that "the Court would Deputy Secretary Ghosh filed an affidavit in take a very serious view if the film is not the Supreme Court stating that the film could produced for being screened, as directed by not be traced. it." Finally. Nahata himself put an end to Shukla did not bother to reply himself, the matter by suddenly withdrawing his instead Ghosh replied on December 17, 1975 petition from the Supreme Court on July 30, again parroting the refrain that the film could 1976. According to Nahata, he took this not be traced though "all possible efforts inexplicable step after Shukla threatened were being made". It is significant that the him with "dire consequences" if he did not Information Ministry files show no trace of withdraw his petition. such "efforts" having being made. On While this sequence of events is still to be

A. IMAHATA than. He is now a Janata MP and his Out of the Picture constituency is Pali, . Before he entered politics, he taught English literature IN marked contrast to the sharp wit and at a private college in Jodhpur. He suddenly I flair for political parody displayed in turned into a film-maker in 1965 with his his film Kissa Kursi Ka, Amrit Nahata first commercial venture Sant Cyaneshwar. comes across as a mild, unassuming man. Two years later, he added a crime thriller Grey-haired and short, Nahata, 50, mumb- Raton Ka Raja to his list of achievements. led: "Legally, there is no political parallel Nahata's critics have accused him of in Kissa Kursi Ka and any politicians." capitalizing on the free publicity he has got. "But," he was quick to add, "artistically, He, however, moaned: "I have suffered one knows that the events depicted in the because of it. I have heard people saying film do have some similarity with what that there is no point in seeing the film now Indira Gandhi did and said." because everything has been chopped off Nahata stressed that his film was com- Nahata —fame after the third film and there is no meat left." pleted in April 1975, that is, before the Admitting that his film was not under- Emergency was proclaimed. "That is was to rhyme Katy Mirza's name with stood by the masses, Nahata conceded that why. many of my friends described the Rukhsana Sultana's. Denying that the Janata that was a "major drawback". However, film as prophetic of the times to come." Government had made 13 cuts in his film, he has recovered the Rs 14 lakh he spent When asked if he had made any changes Nahata claimed that after his appeal to the on it. He concluded: "This film states that in the re-make of the film, Nahata admitted courts, the "film went untouched". power corrupts. And it is as applicable he had added two new scenes—the Allahabad Nahata has been a member of Parlia- to the Janata Government as it was to High Court judgment and the declaration ment since 1967. He was then elected on the Indira Gandhi's." of the Emergency. Another minor alteration Congress ticket from Barmar in west Rajas- — MANDIRA PURIE

INDIA TODAY. JUNE 1—15. 1978 31 proved (Shukla and three senior officials of Stalling: There have been a host of comment to INDIA TODAY. the Information Ministry are also facing similar contradictions regarding testimonies Meanwhile, the KKK hearings are fated contempt of court charges filed against them about the entries made in the Maruti registers to slide into further obscurity a la the Shah by the Advocate General in the Supreme regarding 13 steel trunks, and in the store's Commission unless something really drama- Court), some of the contradictory statements registers of Maruti. So far, however, Sanjay tic takes place. Arora estimates the KKK case given by the hostile witnesses so far, are Gandhi's defence counsel, headed by Kundan will probably drag on for at least another equally revealing. For instance, Ram Lai Arora (see page 26), an aggressive but taci- year, if not more, while Jethmalani is hoping Chander, one of the Maruti drivers who turn man, have been content with employing the case will wind up by August. allegedly transported the KKK prints to the usual stalling tactics, like challenging the Jethmalani's premise is that "the accus- Maruti factory, made some interesting state- appointment of the prosecution counsels ed are banking on a change in the political ments under cross examination by prosecu- and raising objections at almost every stage climate", a possibility that, at the present tion counsel. of the proceedings. "Naturally he has the moment does not seem all that remote. Q. Where are you employed these days? right to employ every method at his disposal," However, what most observers are waiting A. With Jawaharlal Nehru Memorial shrugged Jethmalani, seemingly unconcern- to see is whether Sanjay's month-long confine- Fund. ed over the unexpected twists and turns the ment will have cured him of his habitual 0- Are you concerned with Maruti KKK case has been taking. Arora, however, arrogance and his oft-displayed contempt Technical Services? was less expansive. "My lips are sealed. for the law. A. No. I refuse to discuss the case," was his terse —DILIP BOBB Q. Is Sanjay Gandhi or Indira Gandhi in any manner concerned with Jawaharlal Nehru Memorial? A. She is the chairman and I am working as a driver under her. Q. Since when have you been a driver under her? A. Since February 1978. Q. You continue to be a driver of Indira Gandhi to this date? A. Yes.

KEY HOSTILE WITNESSES HE otherwise long, dreary proceedings T of the Kissa .Kursi Ka case took a controversial turn when a number of prosecu- tion witnesses turned hostile. As on May 24, ten key prosecution witnesses (all former employees of Maruti) had resiled on their police statements, and during prosecution examination, alleged they had made original statements "under CBI pressure". Station. Seven trunks were loaded in my tempo film matter and boxes should be collected and Ram Chander, 40, Driver in Maruti. all were different colours, having two locks destroyed. As regards cans I decided to make Original statement (30.5.77) duly sealed ... we took tempos to PM's them flat and throw them away at remote "We were told that Sanjay Gandhi house ... Sanjay had left for the factory ... places." wanted both tempos so we went to the PM's thereafter I left for Maruti ... Sanjay asked During cross examination on 21.2.78 house ... and later to MP Bliavan ... I us to put trunks in the store. "To my knowledge no such film was wiped out the word Maruti from my tempo ... Court statement (25.4.78) brought nor such film burnt. I made the we followed Tripathi to New Delhi Railway "Whatever I stated was under coercion statement as proposed by CBI. ... I was Station ... after some time 13 trunks were of CBI. I had gone to PM's house alongwith under threat. brought and six were loaded in my tempo. a mistry in connection with repair of vehicle. Om Prakash, 27, former watchman then Tripathi asked us to take the tempos to the From there I went to Ajmeri Gate and Con- Typist Clerk in Stores Section, Maruti. PM's house. We reached PM's house. Sanjay naught Place to purchase material. I went Original statement (27.5.77) had already gone to Maruti ... so we reached back to PM's house." "Khedkar, Yadav asked me for keys of there. We met Sanjay and he told us to keep Kanwar Singh Yadav, 30, Fighting-cum- General Stores—/ handed over—asked me trunks in the store." Security Supervisor, Maruti. to take trunks to gate—Yadav broke seals, Court statement (17.5.78) Original statement on 27.5.77 opened locks—/ found circular cans lying "/ did not go to the PM's house in "In November 1975, 13 steel boxes were inside the trunks—/ carried material to a November 1975. I did not state that Shri brought and kept in Maruti stores. They were ditch, Khedkar lighted a match and tried to Sanjay Gandhi had called me to the PM's different colours ... locked and sealed . .. set film on fire but in vain ... as I approached house with the tempo. I did not tell CBI that Middle November 1975 Khedkar called me the ditch I saw high flames and smoke coming Tripathi had asked me to rub off Maruti ... and told me that as per directions given by out of the ditch." nor did I go to New Delhi Railway Station. Sanjay Gandhi we were required to burn the During cross examination (19.5.78) Outran Singh Yadav, 25, Driver in film kept in those 13 trunks. We opened the Q. In November 1975 you alongwith Maruti. boxes and found film can inside on which were Khedkar and Yadav took out trunks from Original statement (30.5.77) the labels Kissa Kursi Ka. store and burnt some film ? "Upon reaching PM's house I contacted Soon after the result of the Lok Sahha A. No such incident occurred to my Sanjay Gandhi who directed me to MP elections Sanjay Gandhi called me and told me knowledge . . . CBI wrote my statement of fihavan ... we went to New Delhi Railway there was going to be a CBI inquiry into the their own accord. —SUCHITRA BEHAL

INDIA TODAY. JUNE 1-15. 1978 33