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{{short description|Indian independence activist and acclaimed lawyer}}

'''Bhulabhai Desai''' ([[October 13]] [[1877]] - [[May 6]] [[1946]]) was an [[:Category:Indian freedom fighters|Indian freedom fighter]] and acclaimed [[lawyer]]. He is well-remembered for his defense of the three [[Indian National Army]] soldiers accused of treason during [[World War II]], and for attempting to negotiate a secret power-sharing agreement with [[Liaquat Ali Khan]] of the [[Muslim League]].

{{Use dmy dates|date=October 2021}}

{{Use Indian English|date=October 2021}}

{{More citations needed|date=September 2021}}

==Early life==

{{Infobox person

Bhulabhai Desai was born in [[Valsad]], [[Gujarat]]. Initially schooled by his maternal uncle, Bhulabhai further studied at the Avabai School in Valsad and the Bharada High School in [[Bombay]], from where he [[matriculation|matriculated]] in 1895, standing first in his school. He married Ichchhaben while still in school. They had one son, Dhirubhai, but Ichchhabhen died of cancer in 1923. He then joined the [[Elphinstone College]] in Bombay from where he graduated in high standing in [[English literature]] and [[history]]. He won the Wordsworth Prize and a scholarship for standing first in History and Political Economy. He did his [[Master of Arts (postgraduate)|M.A.]] in English from the [[University of Bombay]]. 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]] in 1905, and became one of the city's and later the nation's leading lawyers.

| image = Nehru bhulabhaidesai rajendraprasd aicc.png

| caption = Jawaharlal Nehru, Bhulabhai Desai and Babu Rajendra Prasad (Center) at the AICC Session, April 1939

| birth_date = {{birth date|1877|10|13|df=y}}

| birth_place = [[Valsad]]

| death_date = {{death date and age|1946|05|06|1877|10|13|df=y}}

}}

'''Bhulabhai Desai''' ([[13 October 13]] [[1877]] -– 6 [[May 6]] [[1946]]) was an [[:Category:Indian freedom fightersactivists|Indian freedomindependence fighteractivist]] and acclaimed [[lawyer]]. He is well-remembered for his defensedefence of the three [[Indian National Army]] soldiers accused of treason during [[World War II]], and for attempting to negotiate a secret power-sharing agreement with [[Liaquat Ali Khan]] of the [[All-India Muslim League|Muslim League]].

== Early life ==

==Political career==

Bhulabhai Desai was born in [[Valsad]], Gujarat in an [[GujaratAnavil]] family.<ref>{{Cite journal |last=Mehta |first=Shirin M. |date=1978 |title=The Bardoli Satyagraha of 1928: A Note on Organizations |journal=Proceedings of the Indian History Congress |volume=39 |issue=2 |pages=602}}</ref> Initially schooled by his maternal uncle, Bhulabhai further studied at the Avabai School in Valsad and the BharadaBharda High School in [[Bombay]], from where he [[matriculation|matriculated]] in 1895, standing first in his school. He married Ichchhaben while still in school. They had one son, Dhirubhai, but IchchhabhenIchchhaben died of cancer in 1923. He then joined the [[Elphinstone College]] in Bombay from where he graduated in high standing in [[English literature]] and [[history]]. He won the Wordsworth Prize and a scholarship for standing first in History and Political Economy. He did his [[Master of Arts (postgraduate)|M.A.MA]] in English from the [[University of Bombay]]. 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]] in 1905, and became one of the city's and later the nation's leading lawyers.

Bhulabhai began his political career with joining [[Annie Besant]]'s [[All India Home Rule League]]. He had joined the [[Indian Liberal Party]], supportive of British influences, but came out in opposition of the all-European [[Simon Commission]] formed in 1928 by the British to formulate constitutional reforms in India. His connection with the [[Indian National Congress]] began when he represented the farmers of Gujarat in the inquiry by the [[British Raj|British Government]] following the [[Bardoli Satyagraha]] 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.

== Political career ==

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]] was reorganized, at Sardar Vallabhbhai Patel's insistence Desai was included in the committee.

Bhulabhai began his political career with joining [[Annie Besant]]'s [[All India Home Rule League]]. He had joined the [[Indian Liberal Party]], supportive of British influences, but came out in opposition of the all-European [[Simon Commission]] formed in 1928 by the British to formulate constitutional reforms in India. His connection with the [[Indian National Congress]] began when he represented the farmers of Gujarat in the inquiry by the [[British Raj|British Government]] following the [[Bardoli Satyagraha]] 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]] was reorganizedreorganised, at Sardar Vallabhbhai Patel's insistence Desai was included in the committee.

In November 1934, Desai was elected to the Central Legislative Assembly from Gujarat. The [[Government of India Act 1935]], 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.

In November 1934, Desai was elected to the [[Central Legislative Assembly]] from Gujarat. The [[Government of India Act 1935]], 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]], 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 [[November 19]] [[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]] initiated by [[Mahatma Gandhi|Mohandas Gandhi]], he was arrested on [[December 10]], under the Defense of India Act and sent to Yeravada jail. He was released from prison in September 1941 on grounds of poor health, which also affected his participation in the [[Quit India movement]].

At the onset of [[World War II]], 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 19]] [[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]] initiated by [[Mahatma Gandhi|Mohandas Gandhi]], he was arrested on [[10 December 10]], under the Defense of India Act and sent to Yeravada[[Yerwada jailCentral Jail]]. He was released from prison in September 1941 on grounds of poor health, which also affected his participation in the [[Quit India movement]].

==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]], the second-most important leader of the [[Muslim League]]. It was their intention to negotiate an agreement for a future coalition government, which would enable a united choice for [[Hinduism|Hindus]] and [[Muslim]]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]] or any other Congress leader, Khan had kept the deal a secret from his superior, [[Muhammad Ali Jinnah]].

== Desai-Liaquat pact ==

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]] 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.

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]], the second-most important leader of the [[All-India Muslim League|Muslim League]]. However this assertion has been seriously challenged by other eminent people like Sir [[Chimanlal Harilal Setalvad|Chiman Lal Setalwad]] who have stated that [[Gandhi]] 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 [[Hinduism|Hindus]] and [[Muslim]]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]] or any other Congress leader, Khan had kept the deal a secret from his superior, [[Muhammad Ali Jinnah]].

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]] 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]] were shrouded in secrecy and people like Sir Chiman Lal Setalwad have time and again asserted that [[Gandhi]] 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]] 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, Shah Nawaz Khan, P. K. Sehgal and G. S. Dhillon were put on trial for treason, the Congress formed a Defence committee comprised of 17 advocates including Bhulabhai Desai. The [[court-martial]] hearing began in October 1945 at the [[Red Fort]]. Bhulabhai was the leading counsel for the defense. Undeterred by poor health, Bhulabhai made an emphatic and passionate argument in defense of the charged soldiers. He worked for three months at a stretch. He based his arguments on the principles of [[international law]], arguing that the accused were entitled to take up arms to liberate their country under the order of the [[Arzi Hukumate Azad Hind|Provisional Government]] which [[Subhas Bose]] had established and which had the recognition of a few sovereign governments, and that the [[Indian Penal Code]] did not apply to their case. The judge nevertheless pronounced the three officers guilty and sentenced them to transportation for life.

== INA soldiers trial ==

==Passing==

{{Main|INA trials}}

Bhulabhai Desai died on May 6, 1946. His immense wealth led to the creation of the Bhulabhai Memorial Institute in Bombay. M.C. Setalwad authored his biography, ''Bhulabhai Desai''.

{{See also|INA Defence Committee}}

When three captured Indian National Army (INA) officers, [[Shah Nawaz Khan (general)|Shahnawaz Khan]], P.[[Prem K.Kumar SehgalSahgal]] and G.[[Gurbaksh S.Singh Dhillon]] were put on trial for treason, the Congress formed a Defence committee comprisedcomposed of 17 advocates including Bhulabhai Desai. The [[court-martial]] hearing began in October 1945 at the [[Red Fort]]. Bhulabhai was the leading counsel for the defensedefence. Undeterred by poor health, Bhulabhai made an emphatic and passionate argument in defensedefence of the charged soldiers. He worked for three months at a stretch. He based his arguments on the principles ofcited [[international law]] in his arguments, arguing that the accused were entitled to take up arms to liberategain independence for their country under the order of the [[Arzi Hukumate Azad Hind|Provisional Government]] which [[Subhas Bose]] had established and which had the recognition of a few sovereign governments, and that the [[Indian Penal Code]] 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.

==References Death ==

Bhulabhai Desai died on May 6, May 1946. His immense wealth led to the creation of the Bhulabhai Memorial Institute in Bombay. M.C. Setalwad authored his biography, ''Bhulabhai Desai''.

*[http://www.liveindia.com/freedomfighters/27.html Bhulabhai Desai]

==Legacy==

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

== References ==

{{reflist}}

*[[Rajmohan Gandhi]], ''Patel: A Life'' (1992)

*{{cite book|author=Motilal Chimanlal Setalvad|author-link=Motilal Chimanlal Setalvad|title=Bhulabhai Desai|url=https://books.google.com/books?id=wfO1AAAAIAAJ|year=1968|publisher=Publications Division, Ministry of Information and Broadcasting, Government of India}}

{{Indian National Army}}

{{Authority control}}

{{IndiaFreedom}}

{{DEFAULTSORT:Desai, Bhalubhai}}

[[Category:Indian independence activists from Gujarat]]

[[Category:Indian National Army trials]]

[[Category:1877 births]]

[[Category:1946 deaths]]

[[Category:PeopleGujarati of Gujaratpeople]]

[[Category:University of Mumbai alumni]]

[[Category:Members of the Central Legislative Assembly of India]]

[[Category:Elphinstone College alumni]]

[[Category:Prisoners and detainees of British India]]

[[Category:19th-century Indian lawyers]]

[[Category:Politicians from Mumbai]]

[[Category:Indian National Congress politicians from Gujarat]]

[[Category:People from Valsad district]]

[[Category:20th-century Indian lawyers]]

[[Category:20th-century Indian politicians]]

[[Category:Lawyers from British India]]