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Bhulabhai Desai (13 October 1877 – 6 May 1946) was an Indian independence activist and acclaimed lawyer. He is well-remembered for his defence of the three
Indian National Army The Indian National Army (INA; ''Azad Hind Fauj'' ; 'Free Indian Army') was a collaborationist armed force formed by Indian collaborators and Imperial Japan on 1 September 1942 in Southeast Asia during World War II. Its aim was to secure In ...
soldiers accused of treason during
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, and for attempting to negotiate a secret power-sharing agreement with
Liaquat Ali Khan Liaquat Ali Khan ( ur, ; 1 October 1895 – 16 October 1951), also referred to in Pakistan as ''Quaid-e-Millat'' () or ''Shaheed-e-Millat'' ( ur, lit=Martyr of the Nation, label=none, ), was a Pakistani statesman, lawyer, political theoris ...
of the
Muslim League Muslim League may refer to: Political parties Subcontinent ; British India *All-India Muslim League, Mohammed Ali Jinah, led the demand for the partition of India resulting in the creation of Pakistan. **Punjab Muslim League, a branch of the organ ...
.


Early life

Bhulabhai Desai was born in
Valsad Valsad (Pronunciation: �alsɑɖ (Gujarati: વલસાડ), historically known as Bulsar, is a city and a municipality in Valsad district of the Indian state of Gujarat. It is the district headquarters of Valsad district. The city of Vals ...
, Gujarat. Initially schooled by his maternal uncle, Bhulabhai further studied at the Avabai School in Valsad and the Bharda High School in
Bombay Mumbai (, ; also known as Bombay — List of renamed Indian cities and states#Maharashtra, the official name until 1995) is the capital city of the Indian States and union territories of India, state of Maharashtra and the ''de facto'' fin ...
, from where he matriculated in 1895, standing first in his school. He married Ichchhaben while still in school. They had one son, Dhirubhai, but Ichchhaben died of cancer in 1923. He then joined the
Elphinstone College Elphinstone College is one of the constituent colleges of Dr. Homi Bhabha State University, a state cluster university. Established in 1823, it is one of the oldest colleges in Mumbai. It played a major role in shaping and developing the ed ...
in Bombay from where he graduated in high standing in
English literature English literature is literature written in the English language from United Kingdom, its crown dependencies, the Republic of Ireland, the United States, and the countries of the former British Empire. ''The Encyclopaedia Britannica'' defines E ...
and history. He won the Wordsworth Prize and a scholarship for standing first in History and Political Economy. He did his MA in English from the
University of Bombay The University of Mumbai is a collegiate, state-owned, public research university in Mumbai. The University of Mumbai is one of the largest universities in the world. , the university had 711 affiliated colleges. Ratan Tata is the appointed h ...
. Bhulabhai was appointed Professor of English and History in the Gujarat College, Ahmedabad. While teaching he also studied law. Desai enrolled as an advocate at the
Bombay High Court The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai (formerly known as Bombay), and is one of the ...
in 1905, and became one of the city's and later the nation's leading lawyers.


Political career

Bhulabhai began his political career with joining
Annie Besant Annie Besant ( Wood; 1 October 1847 – 20 September 1933) was a British socialist, theosophist, freemason, women's rights activist, educationist, writer, orator, political party member and philanthropist. Regarded as a champion of human ...
's All India Home Rule League. He had joined the
Indian Liberal Party The Liberal Party of India was a political organization espousing liberalism in the politics of India. History and organization The Liberal party was formed in 1910, and British intellectuals and British officials were often participating members ...
, supportive of British influences, but came out in opposition of the all-European
Simon Commission The Indian Statutory Commission also known as Simon Commission, was a group of seven Members of Parliament under the chairmanship of Sir John Simon. The commission arrived in India in 1928 to study constitutional reform in Britain's largest a ...
formed in 1928 by the British to formulate constitutional reforms in India. His connection with the
Indian National Congress The Indian National Congress (INC), colloquially the Congress Party but often simply the Congress, is a political party in India with widespread roots. Founded in 1885, it was the first modern nationalist movement to emerge in the British E ...
began when he represented the farmers of Gujarat in the inquiry by the
British Government ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...
following the
Bardoli Satyagraha The Bardoli Satyagraha, in the state of bardoli, India during the British Raj, was a major phase of civil disobedience and revolt in the Indian Independence Movement on 12 June 1928. The movement was eventually led by Sardar Vallabhbhai Patel, a ...
in 1928. The satyagraha was a campaign by the farmers of Gujarat protesting oppressive taxation policies in a time of famine, under the leadership of Sardar Vallabhbhai Patel. Bhulabhai formidably represented the farmers' case, and was important to the eventual success of the struggle. Desai formally joined the Congress in 1930. Convinced about the effectiveness of boycott of foreign goods, he formed the Swadeshi Sabha and persuaded 80 textile mills to join in, with the aim of building a boycott by Indian companies of foreign goods. The Sabha was declared illegal and he was arrested in 1932 for his activities. While in jail, Bhulabhai Desai was constantly ill. On his release on health grounds, he went to Europe for treatment. When the
Congress Working Committee The Congress Working Committee (CWC) is the executive committee of the Indian National Congress. It was formed in December 1920 at Nagpur session of INC which was headed by C. Vijayaraghavachariar. It typically consists of fifteen members elect ...
was reorganised, at Sardar Vallabhbhai Patel's insistence Desai was included in the committee. In November 1934, Desai was elected to the
Central Legislative Assembly The Central Legislative Assembly was the lower house of the Imperial Legislative Council, the legislature of British India. It was created by the Government of India Act 1919, implementing the Montagu–Chelmsford Reforms. It was also sometim ...
from Gujarat. The
Government of India Act 1935 The Government of India Act, 1935 was an Act adapted from the Parliament of the United Kingdom. It originally received royal assent in August 1935. It was the longest Act of (British) Parliament ever enacted until the Greater London Authority ...
, which allowed provincial autonomy, raised the question whether the Congress should participate in the legislatures. Bhulabhai among others supported Congress participation, pointing out the greater autonomy and political rights granted to Indians. When the Congress entered the Central Assembly, he was elected the leader of all elected Congressman, thus becoming the majority leader. He built much respect and standing by forcefully leading the first elected representation of the Congress. At the onset of
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, the Congress opposed the arbitrary inclusion of India and Indian soldiers in the war effort. Bhulabhai Desai considered it important to use the Central Assembly to clarify the Congress attitude to the world. Bhulabhai addressed the House on 19 November 1940, making a strong plea which read "...unless it is India's war, it is impossible that you will get India's support." Participating in the
satyagraha Satyagraha ( sa, सत्याग्रह; ''satya'': "truth", ''āgraha'': "insistence" or "holding firmly to"), or "holding firmly to truth",' or "truth force", is a particular form of nonviolent resistance or civil resistance. Someone wh ...
initiated by
Mohandas Gandhi Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- ...
, he was arrested on 10 December, under the Defense of India Act and sent to
Yerwada Central Jail Yerwada Central Jail is a noted high-security prison in Yerwada, Pune in Maharashtra. This is the largest prison in the state of Maharashtra, and also one of the largest prisons in South Asia, housing over 5,000 prisoners (2017) spread over va ...
. He was released from prison in September 1941 on grounds of poor health, which also affected his participation in the
Quit India movement The Quit India Movement, also known as the August Kranti Movement, was a movement launched at the Bombay session of the All India Congress Committee by Mahatma Gandhi on 8th August 1942, during World War II, demanding an end to British rule in ...
.


Desai-Liaquat pact

While Mohandas Gandhi and the entire Congress Working Committee had been arrested during the Quit India movement, from 1942 to 1945, Desai was one of few Congress leaders free. While pressing demands for the immediate release of political prisoners, Desai began secretive talks with
Liaquat Ali Khan Liaquat Ali Khan ( ur, ; 1 October 1895 – 16 October 1951), also referred to in Pakistan as ''Quaid-e-Millat'' () or ''Shaheed-e-Millat'' ( ur, lit=Martyr of the Nation, label=none, ), was a Pakistani statesman, lawyer, political theoris ...
, the second-most important leader of the
Muslim League Muslim League may refer to: Political parties Subcontinent ; British India *All-India Muslim League, Mohammed Ali Jinah, led the demand for the partition of India resulting in the creation of Pakistan. **Punjab Muslim League, a branch of the organ ...
. However this assertion has been seriously challenged by other eminent people like Sir Chiman Lal Setalwad who have stated that
Gandhi Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- ...
had full knowledge of the ongoing negotiations. It was their intention to negotiate an agreement for a future coalition government, which would enable a united choice for
Hindus Hindus (; ) are people who religiously adhere to Hinduism. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...
and
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
s for the independent Government of India. In this deal, Liaquat gave up the demand for a separate Muslim state in turn for parity of Muslims-to-Hindus in the council of ministers. Conceding the League as the representative of Muslims and giving a minority community equal place with the majority Hindus, Desai attempted to construct an ideal Indian alliance that would hasten India's path for freedom while ending the Quit India struggle. While Desai was working without the knowledge of Gandhi, Patel,
Jawaharlal Nehru Pandit Jawaharlal Nehru (; ; ; 14 November 1889 – 27 May 1964) was an Indian Anti-colonial nationalism, anti-colonial nationalist, secular humanist, social democrat— * * * * and author who was a central figure in India du ...
or any other Congress leader, Khan had kept the deal a secret from his superior,
Muhammad Ali Jinnah Muhammad Ali Jinnah (, ; born Mahomedali Jinnahbhai; 25 December 1876 – 11 September 1948) was a barrister, politician, and the founder of Pakistan. Jinnah served as the leader of the All-India Muslim League from 1913 until the ...
. When a press report leaked the prospective deal in 1945, the respective parties were alarmed. While Desai presented full information to Gandhi, Jinnah and the League outrightly rejected any agreements, and Liaquat Ali Khan denied that such a pact was being negotiated. Desai's assertion that a deal had been reached was ridiculed by the League, while Congress leaders were angry at him for conducting such negotiations without informing them. Bhulabhai Desai would lead a major effort in March 1945 to get the House to defeat the unpopular war budget, but he had lost political standing in his own party owing to the fallout of the Desai-Liaquat pact. He was not given a ticket to contest elections for the
Constituent Assembly of India The Constituent Assembly of India was elected to frame the Constitution of India. It was elected by the 'Provincial Assembly'. Following India's independence from the British rule in 1947, its members served as the nation's first Parliament as ...
on grounds of his ill-health, but also due to feelings in the Congress that Desai had been advancing his own power and popularity while the Congress leadership was imprisoned. This should be kept in mind that at that time many a proceedings of the
Indian National Congress The Indian National Congress (INC), colloquially the Congress Party but often simply the Congress, is a political party in India with widespread roots. Founded in 1885, it was the first modern nationalist movement to emerge in the British E ...
were shrouded in secrecy and people like Sir Chiman Lal Setalwad have time and again asserted that
Gandhi Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- ...
had full knowledge of the Desai-Liaquat pact and was in fact the silent force behind the negotiations. It is also a matter worth note that when Desai was on his death bed,
Gandhi Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- ...
went to meet him and did not speak a single word citing his "Maunvrata" (a fast wherein people do not speak for a designated period of time).


INA soldiers trial

When three captured Indian National Army (INA) officers, Shahnawaz Khan,
Prem Kumar Sahgal Lieutenant colonel Prem Kumar Sahgal (25 March 1917 – 17 October 1992) was an officer of the British Indian Army. After becoming a Japanese prisoner of war, he served as an officer in the Indian National Army, which was led by Subhas Chandra B ...
and Gurbaksh Singh Dhillon were put on trial for treason, the Congress formed a Defence committee composed of 17 advocates including Bhulabhai Desai. The
court-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
hearing began in October 1945 at the
Red Fort The Red Fort or Lal Qila () is a historic fort in Old Delhi, Delhi in India that served as the main residence of the Mughal Emperors. Emperor Shah Jahan commissioned construction of the Red Fort on 12 May 1638, when he decided to shift ...
. Bhulabhai was the leading counsel for the defence. Undeterred by poor health, Bhulabhai made an emphatic and passionate argument in defence of the charged soldiers. He worked for three months at a stretch. He cited
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
in his arguments, arguing that the accused were entitled to take up arms to gain independence for their country under the order of the
Provisional Government A provisional government, also called an interim government, an emergency government, or a transitional government, is an emergency governmental authority set up to manage a political transition generally in the cases of a newly formed state or ...
which Subhas Bose had established and which had the recognition of a few sovereign governments, and that the
Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
did not apply to their case. The judge nevertheless pronounced the three officers guilty and sentenced them to transportation for life. The accused were however released and during the course of the trials reignited the Indian freedom struggle leading to complete independence in 1947.


Death

Bhulabhai Desai died on 6 May 1946. His immense wealth led to the creation of the Bhulabhai Memorial Institute in Bombay.


Legacy

M.C. Setalwad authored his biography, ''Bhulabhai Desai''. Bhulabhai Desai Road in Mumbai is named after him.


References

* Rajmohan Gandhi, ''Patel: A Life'' (1992) * {{DEFAULTSORT:Desai, Bhalubhai Indian independence activists from Gujarat Indian National Army trials 1877 births 1946 deaths Gujarati people University of Mumbai alumni Members of the Central Legislative Assembly of India Elphinstone College alumni Prisoners and detainees of British India 19th-century Indian lawyers Politicians from Mumbai Indian National Congress politicians from Gujarat People from Valsad district 20th-century Indian lawyers 20th-century Indian politicians