Affidavit made by Savarkar

The following is the affidavit made by Savarkar on 18 May 1948 in the Court of the Chief Presidency Magistrate, Bombay.  The affidavit formed defence exhibit 18 Ex. D/18 in the Mahatma Gandhi Murder Case (Rex -Complainant versus Vinayak Damodar Savarkar-Accused) in the High Court of the Judicature for the province of the East Punjab at Simla. Sections 302, 34, 109, 120-B and 307 I.P.C. read with Ss. 4 and 5 of the Explosive Substances Act and Sec. 19 (f) Arms Act had been slapped on Savarkar.  It has been reproduced verbatim from the ‘Printed Record of Mahatma Gandhi Murder Case Volume V’.

 

 I, Vinayak Damodar Savarkar, do hereby swear and state on solemn affirmation as under:-

 

  1. That on 5th February, 1948, I was arrested, in my house “Savarkar Sadan” at Dadar, Bombay by the Bombay Police.  I am, since then, under detention in the Arthur Road Prison, Bombay.

 

  1. That on the 18th of February, 1948, I was served with an order being Detention Order No. 1202 of 1948 and a notice under the same number under section 3 of the Bombay Public Security Measures Act, VI of 1947, by the Commissioner of Police, Greater Bombay. 

 

  1. As directed in the said notice I made my representation to the Commissioner of Police, Bombay on 22nd February, 1948.

 

  1. That on 11th March, 1948, for the first time, I was placed before the Chief Presidency Magistrate, Bombay, and in the remand application filed before the said Learned Chief Presidency Magistrate, Bombay, the Bombay Police alleged that I was arrested on that day in connection with C.R. Nos. 40 and 68 of 1948 of Tughlak Road Police Station, New Delhi, and prayed the said Learned Chief Presidency Magistrate to remand me to Police custody for 14 days. The said application was granted by the said Learned Chief Presidency Magistrate, Bombay and I was remanded to Police custody.  I was then taken to the Arthur Road Prison.  The Bombay Police repeated the remand application from time to time and they were granted.  The present remand expires on the 18th of May, 1948.

 

  1. That on the 11th of May, 1948, I was taken from the Arthur Road Prison, Bombay, to the C.I.D. Office by the Bombay Police Officers.  I was then made to sit in a chair and Godse and others who are suspected to be concerned in the murder of Mahatma Gandhi were placed by my sides.  We were then all photographed in a group.  I disclaim any association with them of any of them at any time whatsoever.

 

  1. That I apprehend that the same photograph may possibly be used to concoct evidence against me.

 

  1. That after I was photographed, as stated above, I got an opportunity, for the first time to see my advocate Mr. S.V. Deodhar on 14th May, 1948.  At the interview I got with him on 14th May, 1948, I instructed him to file an application before the Learned Chief Presidency Magistrate, Bombay, placing the above facts before him and further praying the Learned Chief Presidency Magistrate, Bombay, to issue an order to the Police to produce the said photograph and its negatives and positives in the court of the Learned Chief Presidency Magistrate, Bombay, for being deposited in the Court pending the trial I am to face in Delhi as the said photograph may prejudice my defence and the same ought not to have been taken during the pendency of the trial.  I have also instructed Mr. S.V. Deodhar, my Advocate, to send in a notice to the Commissioner of Police, Bombay, to refrain himself from making any use of the said photograph during the pendency of the trial, as it tends to a contempt of the court.

 

                                                                        (Sd.) V.D. SAVARKAR

Dated this 18th May, 1948.

 

Solemnly affirmed before me.                         

                                                                        (Sd.) OSCAR H. BROWN

 

18-5-48.                                                        Chief Presidency Magistrate, Bombay