CASE WITHDRAWN

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CASE WITHDRAWN

The trial began, The Government pleader, the Magistrate and other officials were on tenterhooks. They were at a loss to know what to do. The Government pleader was pressing the Magistrate to postpone the case. But I interfered and requested the Magistrate not to postpone the case, as I wanted to plead guilty to having disobeyed the order to leave Champaran and read a brief statement as follows:

'With the permission of the Court I would like to make a brief statement showing why I have taken the very serious step of seemingly disobeying the order passed under section 144 of Cr. P.C. In my humble opinion it is a question of difference of opinion between the Local Administration and myself. I have entered the country with motives of rendering humanitarian and national service. I have done so in response to a pressing invitation to come and help the ryots. Who urge they are not being fairly treated by the indigo planters. I could not render any help without studying the problem. I have, therefore, come to study it with the assistance, if possible, of the Administration and the planters. I have no other motive, and cannot believe that my coming can in any way disturb public peace and cause loss of life. I claim to have considerable experience in such matters. The Administration, however, have thought differently. I fully appreciate their difficulty, and I admit too that they can only proceed upon information they received. As a law-abiding citizen my first instinct would be, as it was, to obey the order served upon me. But I could not do so without doing violence to my sense of duty to those for whom I have come. I feel that I could just now serve them only by remaining in their midst. I could not, therefore, voluntarily retire. Amid this conflict of duties I could only throw the responsibility of removing me from them on the Administration. I am fully conscious of the fact that a person, holding, in the public life of India, a position such as I do, has to be most careful in setting an example. It is my firm belief that in the complex constitution under which we are living, the only safe and honourable course for a selfrespecting man is, in the circumstances such as face me, to do what I have decided to do, that is, to submit without protest to the penalty of disobedience.

'I venture to make this statement not in any way in extenuation of the penalty to be awarded against me, but to show that I have disregarded the order served upon me not for want of respect for lawful authority, but in obedience to the higher law of our being, the voice of conscience.'

There was now no occasion to postpone the hearing, but as both the Magistrate and the Government pleader had been taken by surprise, the Migistrate postponed judgment. Meanwhile I had wired full details to the Viceroy, to Patna friends, as also to Pandit Madan Mohan Malaviya and others.

Before I could appear before the Court to receive the sentence, the Magistrate sent a written message that the Lieutenant Governor had ordered the case against me to be withdrawn, and the Collector wrote to me saying that I was at liberty to conduct the proposed inquiry, and that I might at liberty to conduct the proposed inquiry, and that I might count on whatever help I needed from the officials. None of us was prepared for this prompt and happy issue.

I called on the Collector Mr. Heycock. He seemed to be a good man, anxious to do justice. He told me that I might ask for whatever papers I desired to see, and that I was at liberty to see him whenever I liked.

The country thus had its first direct object-lesson in Civil Disobedience. The affair was freely discussed both locally and in the press, and my inquiry got unexpected publicity.

It was necessary for my inquiry that the Government should remain netural. But the inquiry did not need support from press reporters or leading articles in the press. Indeed the situation in Champaran was so delicate and difficult that over-energetic criticism or highly coloured reports might damage the cause which I was seeking to espouse. So I wrote to the editors of the principal papers requesting them not to trouble to send any reporters, as I should send them whatever might be necessary for publication and keep them informed.

I knew that the Government attitude countenancing my presence had displeased the Champaran planters, and I know that even the officials, though they could say nothing openly, could hardly have liked it. Incorrect or misleading reports, therefore, were likely to incense them all the more, and their ire, instead of descending on me, would be sure to descend on the poor fear-stricken ryots and seriously hinder my search for the truth about the case.

In spite of these precautions the planters engineered against me a poisonous agitation. All sorts of falsehoods appeared in the press about my co-workers and myself. But my extreme cautiousness and my insistence on truth, even to the minutest detail, turned the edge of their sword.

The planters left no stone unturned in maligning Brajkishorebabu, but the more they maligned him, the more he rose in the estimation of the people.

In such a delicate situation as this I did not think it proper to invite any leaders from other provinces. Pandit Malaviyaji had sent me an assurance that, whenever I wanted him, I had only to send him word, but I did not trouble him. I thus prevented the struggle from assuming a political aspect. But I sent to the leaders and the principal papers occasional reports, not for publication, but merely for their information. I had seen that, even where the end might be political, but where the cause was non-political, one damaged it by giving it a political aspect and helped it by keeping it within its non-political limit. The Champaran struggle was a proof of the fact that disinterested service of the people in any sphere ultimately helps the country politically.