Basics
- The INA trials, also known as the Red Fort trials, were British Indian court-martials held from November 1945 to May 1946.
- These trials involved several officers of the Indian National Army (INA) who faced charges of treason, torture, murder, and of aiding and abetting murder during World War II.
Initial Trials
- Initially, the charges in the early INA trials were for “committing a civil offense” under Section 41 of the Indian Army Act, 1911, or Section 41 of the Burma Army Act.
- The specific offense was “waging war against the King,” which violated Section 121 of the Indian Penal Code.
Public Trials
- By the end of the Burma Campaign, the large number of INA troops captured by Commonwealth forces required a selective approach to charge those accused of the most serious offenses.
- The first joint trial involved Shah Nawaz Khan, Prem Sahgal, and Gurbaksh Singh Dhillon.
- A decision was made to hold a public trial, unlike the earlier trials, due to the political importance of the cases.
- These significant trials were held at the Red Fort.
Defence Committee
- The Indian National Congress formed the INA Defence Committee in 1945 to defend officers of the Indian National Army facing charges during the INA trials.
- The committee included prominent lawyers such as Bhulabhai Desai, Asaf Ali, Sharat Chandra Bose, Tej Bahadur Sapru, and Kailash Nath Katju.
Outcome of the Trials
- The trials sparked sympathy for the INA across the country, leading to demonstrations in solidarity with the captured troops.
- The Congress recognized popular support for INA soldiers and saw it as a way to rekindle the nation’s desire for independence.
- The INA Defence Committee argued that the troops’ actions were legal under the Indian National Army Act, making them exempt from the Indian Penal Code and the Indian Army Act.
- Despite the strong defense arguments, the three INA members were found guilty of waging war.
- They were not given the death penalty; instead, they were dismissed from service and sentenced to life in prison, which was later commuted.
- The three INA members were released and celebrated as heroes, with full support from the Congress.