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Report of the One-man Commission of Inquiry into the Disappearance of Netaji Subhas Chandra Bose (1970-74) |
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8. Some Miscellaneous Matters
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8.1 In this chapter I shall discuss a number of miscellaneous matters without mention of which this report would lack the virtue of completeness. I shall first take up the role played by Prof. Samar Guha in these proceedings.
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8.2 Prof. Samar Guha may be said to be the Prime mover and initiator of these proceedings. It was his zeal and persistence which finally prevailed upon the Government of India to institute the present inquiry and appoint this Commission. He took a live interest in the proceedings, and testified before the Commission on three separate occasions. He went to Taiwan and was present there when the Commission paid a visit to that place to inspect the airfield where Bose's plane is alleged to have crashed and to gather whatever evidence was available there. He has made several statements in Parliament and at press conference about the subject matter of the inquiry. He, therefore, deserves more than a passing mention of the role he has played.
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8.3 Prof. Guha is an active member of the Forward Bloc and a dedicated, uncompromising follower of Netaji. I have little doubt that he has been actuated by the highest motives in doubting the truth of the crash story and in trying to unravel the mystery of Bose's disappearance. I cannot, however, help observing that he has lent too ready an ear to gossip, rumour, conjecture and fantasies woven by interested individuals. He has accepted newspaper reports as reliable evidence of the published facts, though in many cases, these reports were inspired by sensation-mongering reporters or were given publicity by individuals who had scant respect for truth. This attitude, unfortunately, led him into making a political issue of what should have remained a national cause to which every one should have brought an impartial mind, an unswerving determination to seek the truth and a stern resistance to emotion-charged gullibility. Prof. Guha's zeal led him to convert his pursuit of truth into a predatory hunt in which the objectives were the report of the Shah Nawaz Khan Committee and the story of Bose's death caused by an air crash. This was regrettable because he who seeks the truth does not set out with the prepossessed notion of disproving a hypothesis or theory. The impartial, unprejudiced mind has no blot on its copy book which must be erased before the new score can be written down. Shri Guha's passionate anxiety to disprove Bose's death made him interpret every piece of evidence, every rumour, every conjecture only in terms of his personal prepossessions rather than objectively and judiciously.
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8.4 A formal appearance on behalf of the All India Forward Bloc was first entered on 2-11-1970 when Shri Amar Prasad Chakraborty represented the All India Forward Bloc before the Commission. He presented a petition which is a long and rambling political harangue containing nothing of any value to the Commission or any material which would advance the inquiry. There are certain conjectures and speculations, and a great deal of adverse criticism of Mr. Nehru and of the Government. There is no statement of facts, no indication of any evidence that would throw light on the manner of Bose's disappearance. There is a reference to the opinions expressed by Gandhiji and Nehru but no mention of what these opinions were based on. The sum and substance of his long statement is that Bose was a great patriot, brave, resourceful and dynamic, and despite repeated professions and declarations to the contrary, the Government of India has, for a long time, believed in his continued existence in the land of the living. The Government was, however, determined to suppress the truth and hamper any objective inquiry into what actually occurred.
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8.5 This proved to be a wholly unjustified charge, and there is not the slightest evidence to support it. The motive behind this charge is the political opposition of the Forward Bloc to the party in power, and a number of false and illogical inferences from perfectly innocent acts and official announcements of the Government of India. There is, for instance, the repeated harping on the failure of the Government to file a statement in these proceedings in accordance with Rule 3 of the Central Commissions of Inquiry (Procedure) Rules, 1960, framed under Section 12 of the Commission of Inquiry Act, and the failure of the Government of India to place at the Commission's disposal all files, documents and other evidence relating to Bose's disappearance. The matter was discussed by me in my Order dated 2-11-1970 by which I disposed of the petition and the oral submissions made by Mr. Amar Prasad Chakraborty in support of the petition. I ruled, by that order, that the terms of reference specifying the scope of the enquiry, clearly implied that the Government had no case to advance or to prove, and this Commission was completely free to determine the truth and submit its report. I also ruled that no case of concealment of evidence had been made out against the Government, and that I would, in due course, call for such files and documents as appeared to be relevant. This is what, indeed, happened. As and when I received information regarding files and documents which could throw light on the subject matter of my inquiry, I sent the appropriate requisition to the Government. The requisition was invariably complied with and all files and documents asked for were made available, except one file which was said to have been destroyed in the ordinary course of routine according to which old and un-wanted files are destroyed to lighten the burden of the record rooms. Prof. Guha, however, persisted in his complaint that the Government had not assisted the Commission and had placed impediments in its path and deliberately withheld evidence. I have, at several places, in the course of this report stated that the Government unhesitatingly placed all material in its possession at the Commission's disposal, and whenever necessary obtained material from other countries through its diplomatic channels.
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8.6 Prof. Guha has no personal knowledge of what happened to Bose. His knowledge is derived from what he has heard and read. From the information so collected he has argued a case for disbelieving the crash story. His evidence, therefore, is pure hearsay and thus possessed of no probative value. His statement, can no doubt, be used as a kind of clue or pointer which if followed up, may or may not lead to evidence which would be both relevant and admissible according to the law of evidence. But the inferences drawn by Prof. Samar Guha and the reasoning adopted by him are wholly inadmissible, as they constitute nothing but the personal opinion of Prof. Guha which lies beyond the purview of Section 45 of the Indian Evidence Act.
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8.7 I shall, however, cite a few instances of the kind of evidence which Prof. Guha relies upon and which led him to the conviction that the entire story of the air crash on the Taihoku airfield and the subsequent death of Bose is not only false but was deliberately fabricated by the Japanese military authorities. Prof. Guha was shown photographs of Vira Dhammavara and the Mongolian Delegation of Peking and a photograph of the Shaulmari Ashram Baba. Prof. Guha categorically stated that the last photograph was a fake document. Regarding the first two photographs he said that he could not be certain, but he was doubtful if they represented Bose. He went on to say that Surendra Mohan Ghosh had gone to Shaulmari Ashram and met the Baba there. Shri Ghosh had also formed the opinion that the Baba was not Netaji, but Prof. Guha went on to say that there were many circumstances which led to the falsity of the crash story. First there was the delay by the Japanese in broadcasting the news of the crash. He interpreted the delay as proof that the story of the crash was only a cover for Bose's escape to safety. The delay is, however, not susceptible of such explanation and may well have been due to a number of other causes such as the chaotic conditions prevailing at Taipei at that period, the lack of any communication facilities in the hospital in which Bose died, or Japan's preoccupation with more Urgent matters.
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8.8 Prof. Guha mentioned some documents which he had seen in Japan and East Germany. He, however, was not able to specify the documents, and his statement on this point was extremely vague and inconclusive. He then mentioned an article in the Pravda in which it was stated that Bose could not be given asylum in Russia. Prof. Samar Guha did not say that he had read the article himself, nor did he mention the date upon which this article appeared, although from the context it appears that the article was published in 1945. The substance of this article was interpreted by Prof. Samar Guha as a cover because he thought that Russia was friendly towards Bose and so a contrary assertion in the Pravda could only be intended to distract attention and provide an alibi for Bose. The inference drawn by Prof. Guha is wholly unjustified. In any event, a copy of the relevant issue of Pravda has not been produced, and I cannot hold that such a statement appeared in that paper. Then again, Prof. Guha stated that Gandhiji had said on one occasion that even if somebody showed him the ashes of Netaji, he would not believe that Bose was dead. This statement, even if it was really made by Gandhiji, cannot disprove the crash story. Its contradiction is furnished by Prof. Guha himself when he said that after Col. Habibur Rahman had met Gandhiji and given him the account of the air crash, Gandhiji said: "After meeting Habibur Rahman, I would ask my countrymen to believe what Habibur Rahman said." Therefore, according to Prof. Guha himself, Gandhiji believed Habibur Rahman's story. Another piece of evidence mentioned by Prof. Guha is an article published in the Nation, a newspaper run by Sarat Chandra Bose. This article was printed below the headline "Netaji in China". The article is not before us but whatever may have been written in the Nation, does not prove the truth of the facts narrated, Another matter mentioned by Prof. Guha is that when Mr. Nehru paid a visit to the Renkoji Temple in Tokyo, he wrote in the visitor's book: "May the message of Buddha bring peace to mankind". Prof. Guha has expressed surprise at the omission of Netaji's name from the remarks written by Mr. Nehru in the book; but the omission does not prove that Netaji was alive or that Nehru entertained an opinion which supported such a hypothesis. Prof. Guha next said that Nehru had on one occasion told Shri K.K. Shah that he did not believe in Bose's death. Shri Shah was examined as a witness by the Commission and he categorically denied that Nehru had made any such remark to him. Another statement made by Prof. Guha relates to Mr. Justice Radha Binode Paul. "Mr. Paul told me that on going through the papers of Japanese documents and others in connection with the War Crimes Tribunal he was convinced that there is no proof of the reported death of Netaji". Mr. Justice Paul, however, never took the trouble to mention the material contained in the documents, nor did he hold any inquiry into the matter. A somewhat vague statement made by him that the matter of Bose's death demands a thorough investigation cannot be interpreted to mean that Mr. Justice Paul was convinced of Bose's continued existence, on cogent material which he had examined or that he had seen any positive disproof of the crash story. Yet another vague statement is attributed to Mr. Ba Maw, formerly Prime Minister of Burma. When questioned about Bose's death, he said: "Yes, myself and Dr. Wang were also reported to have died in a plane crash". Mr. Maw is not alleged to have possessed any first hand information about Bose and a statement of this kind throws no light whatsoever on Bose's disappearance. Again, Prof. Guha claims that Shah Nawaz Khan repeatedly told him that he did not believe in Bose's death. Shah Nawaz Khan himself, however, did not corroborate Prof. Guha on this point, and in his evidence, he expressed his unequivocal belief in the truth of the crash story. In the same way, Prof. Samar Guha says that Hayashida said that he had not carried Bose's ashes to Tokyo. Hayashida in his book Netaji Subhas Chandra Bose, however, has clearly mentioned this fact. The book was produced before Shah Nawaz Khan and a copy is also before me. The last piece of evidence to which I shall refer is a copy of the Interpress Report produced by Prof. Guha. This is a German publication, but it cannot be said to throw any light whatsoever on the subject matter of this inquiry. When Prof. Samar Guha was asked if he had, in the course of his life, met anyone who had personally seen Bose after the date of his reported death, he replied that he had not.
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8.9 Mention must also be made of Prof. Guha's well intentioned activity at Taipei during the Commission's visit to that place. He tried to contact individuals possessing first hand knowledge of the events of August 18, 1945, and to discover documentary evidence proving or disproving Bose's death from the records of the hospital where he was alleged to have been treated. No eye witness of the air crash, no member of the hospital staff who had been on duty in August 1945 could be found. The official who was in charge of the crematorium in 1945 was dead, so was the Mayor of Taipei who arrived there some time after August 18, 1945, and who is said to have made some sort of enquiry into the matter. Not that the Mayor's report, if available, would have been admissible in evidence for it would be nothing more than the opinion of an individual. Prof. Guha, however, succeeded in obtaining copies of two documents, one of which purports to be the death certificate of one Ta Ts'ang Yi Lang (Okura Ichiro), male, born on April 9, 1900, who was an Agent of the Land Forces, Taiwan Army Command, and who died at Taipei at 4 p.m. on August 19, 1945, of a heart-attack. This certificate was issued by Ho T'en Teng Tai Chih (Tsuru Ta Nobori Dai Shi), who was an Officer on Probation, Army Hospital, Army Health Department, Taipei. The other document was a permit to cremate the dead body of the same Ta Ts'ang Yi Lang (Okura Ichiro), who was to be cremated at 6 p.m. on August 22, 1945, at Taipei crematorium, the name of the person to whom the licence was issued could not be deciphered from the photostat copy.
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8.10 Prof. Guha, while tendering these documents, stated that both of them related to Bose. Later he argued that since the name and other particulars, stated in the copies, did not correspond with Bose or the doctor who claims to have treated him, the documents could not relate to Bose, and therefore, Bose's death and the cremation of his dead body had been disproved. I have dealt with this self-defeating argument in Chapter Five, and mention it here because Prof. Guha used these documents to make a highly indiscreet statement to the press at Taipei and again on his return to India. This is what he is reported to have told the Press at Taipei on July 17, 1973:
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"The mission inquiring into the fate of Netaji Subhas Chandra Bose has found no proof whatsoever that he died at Taipei."
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Mr. Guha went on to say that some reports by British and U. S intelligence hinted Bose had escaped from Taipei to the Soviet Union.
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8.11. On returning to Delhi, Mr. Guha made several statements to the press. Three news-items based on these statements are quoted below:
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"NETAJI DID NOT DIE IN CRASH: GUHA Hindustan Times Correspondent.
New Delhi, July 24 - Mr. Samar Guha, M.P., who visited Taiwan along with the Netaji Inquiry Commission, told newsmen here today that he found 'no proof whatsoever' of the alleged death of Netaji in a plane crash at Taipei on August 18, 1945.
He said that according to some, a body was cremated but nobody was allowed to see it. The Commission found two certificates, one issued by the Municipality and other by the crematorium authority, but on deciphering the Japanese language, it transpired that the name of the person was not Netaji but of a Japanese Army Officer. This and other facts placed before the Commission made him feel that the reported death of Netaji in the plane crash could not have been possible.
Hindustan Times; July 25, 1973"
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8.12 It will be seen at once that the report is misleading. The certificates were not found by the Commission, but were obtained by Shri Guha himself who presented them to the Commission alleging first that they related to Bose, and then denying their connection with Bose and arguing that Bose did not die and his dead body was not cremated. He was thus arguing from professedly false premises. I have already dealt with this matter and pointed out that the certificates have no probative value because they do not purport to relate to Bose's death and his cremation.
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8.13 Shri Guha made two other statements to the press, one of which was published in the Statesman of July 25, 1973 and is in the following terms:
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"New Delhi, Tuesday - Mr. Samar Guha, M.P. convenor of the National Committee to assist the Netaji Inquiry Commission, said in a statement today that 'Our investigation in Taipei made us feel that there is no valid reason to believe the story of the reported death of Netaji Subhas Chandra Bose in the alleged plane crash in Taipei on August 18, 1945."
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8.14 Shri Guha was thus pronouncing final judgement on the subject matter of the Commission's inquiry. The second statement was published by the Patriot in its issue of July 24, 1973, which is as follows:
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"Socialist leader Samar Guha, yesterday told newsmen that the Commission could not get any conclusive evidence on the INA Chief's death in an aircrash and subsequent cremation of the body."
He said: "On investigation in Taipei in Taiwan made us feel that there was no valid reason to believe the story of the reported death of Netaji Subhas Chandra Bose in the alleged plane crash on 18 August, 1945, the news in relation to which was officially circulated by the then Government of Japan.
"Prof. Guha substantiated his statement by stating that a former airport unit officer of Taipei, Mr. Lin Chwan, who was an employee of the air force hospital in the month of August 1945, told the Commission that he saw a very fair looking, tall Indian in a partially bandaged condition in a single room, sitting most of the time on his bed in a dignified, calm posture.
Mr. Lin said the patient 'disappeared' from the hospital after three or four days.
Prof. Guha said that this report contradicted the official report of the Government of Japan that Netaji was taken to the South Gate Military Hospital where he died.
Prof. Guha said that the evidence recorded by the first inquiry commission headed by Shah Nawaz Khan differed from the facts gathered by the present Commission.
For instance, he pointed out the different dates given in the official version of the death and the records traced out at the Health Department of Taipei. While Tokyo broadcast the date and time of the air crash as 18 August, 1945 at 9 p.m., the Health Department recorded the accident on 19th August at zero hour.
Similarly, Prof. Guha added, while the official broadcast said that the body of the Netaji was cremated, the Health Department and crematorium records contained the names of a Japanese general and some air force personnel as killed and cremated.
According to department rules, no person could be cremated without a death certificate from the department. Since no death certificate was issued by the department in regard to the Netaji's death, the official version could not be taken to be correct, Prof. Guha contended."
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8.15 The news report is clearly tendentious and tends to prejudge the issue before the Commission. Prof. Guha did not contradict these reports, and I must accept the news items quoted above as correct reproductions of his statements to the Press. Prof. Guha, by declaring that the story of the air crash on August 18, 1945, at Taipei and of Bose's death in the course of the next few hours had been completely disproved, arrogated to himself the functions of this Commission by pronouncing judgment on the subject matter of the present enquiry. In judicial proceedings, such a statement would have fallen within the mischief of the law of contempt of Court, and even in these proceedings the statement cannot be described as anything but reprehensible. I, however, decided not to take any action against this misguided and ill-advised outburst of Prof. Guha, as I felt that he was prompted not by any malice, but the excess of his enthusiasm and his superabundant affection for his leader, Bose.
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8.16. The sum and substance of Prof. Guha's evidence, therefore, is that he heard various persons expressing at different times, their disbelief in the crash story. These persons, however, had no personal knowledge of the facts of which they spoke. Their disbelief may have been born of wishful thinking or because no official inquiry into the matter had been made and no judgment pronounced upon all available evidence. Prof. Guha's testimony, therefore, has no probative value whatsoever and does not advance the case at all. Newspaper reports, opinions of individual who have heard rumours in the streets or who want to believe in Bose being alive are wholly inadmissible. Indeed, the entire statement of Prof. Guha must be held to be inadmissible in evidence though even on its face value it makes no contribution towards the discovery of the truth relating to Bose's disappearance.
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8.17 Of a totally different character were the antics of Shri Balraj Trikha. I use the word antics advisably, for no other expression would accurately describe the colourful and variegated activity of this advocate at different stages of the inquiry proceedings.
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8.18 It was clear on the very first day when Shri Trikha put in an appearance on behalf of the National Committee as junior counsel to Shri Amiya Nath Bose, that he was acting not so much out of a desire to render assistance in the search for truth,, as to advertise his importance and to collect political dividends by exploiting whatever had captured the imagination of the people for the time being. Shri Trikha was, by no means, alone in making an exhibition of himself in this way, though he far surpassed the others both in the manner and the degree of his performance.
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8. 19 At the very first public session of the Commission, Shri Trikha whose printed letter-heads display his status as Advocate of Supreme Courts of India and Nepal, declared that he had been appointed junior counsel to Shri Amiya Nath Bose on behalf of the National Committee. The next morning he professed to have been briefed by Netaji Smarak Samiti and some Members of Parliament. He did not specify if his new status meant a shift in loyalties or merely an additional burden that had been laid on his shoulders. He then announced his association with the All-India Netaji Swagat Samiti, whose professed objective is to prove that Netaji is alive and to accord him a befitting welcome.
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8.20 In a letter he addressed to the Commission on October 28, 1970, he said: "I have been associated with this inquiry as a counsel of the Commission, representing Netaji Swagat Samiti and the National Committee on Netaji Inquiry...I shall do my best as faithfully as possible to be of real service to the Hon'ble Commission to enable the Hon'ble Commission to come to a finding that Netaji did not die in the Taihoku aircrash as reported earlier in the Shah Nawaz Enquiry report. It is now a historical fact that the Shah Nawaz report was a procured document and it did not inspire confidence in the countrymen."
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