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The arguments between the prosecution and defence were hurled back and forth for days. The Indian public hung on every word. Court transcripts were published daily. One proclaimed: ‘This trial is far more sensational than the trial of Jesus Christ and many other trials around the world.’82 Vallabhbhai Patel, general secretary of the Congress, got in a shrewder blow. The man who should really be on trial, he asserted, was Lord Linlithgow, the former viceroy, for sentencing 3 million Bengalis to death by famine in 1943. Points of fact arose: were the INA deserters actually executed and, if so, by whom? The British judge advocate general belittled the INA as a Japanese quisling army. The men who had joined it were either traitors or they were forced by bad treatment into its ranks. In rebuttal, the defence team argued that the INA was Indian-officered and led. Were the British quislings to the Americans simply because General Eisenhower was supreme commander in Europe? The accused exculpated their personal actions. Shahnawaz Khan said that he had sacrificed ‘my life, my home, my family and its traditions’ for his country.83 Dhillon is supposed to have said that the Japanese were ‘leaders of the Buddhist religion’ which was born in India. Indians should therefore work with the Japanese.84

The most telling arguments, though, were those that brought international law into the scales. The British, the defence argued, had abandoned their status as a government in Malaya and Burma. Four years before in Singapore, as the garrison surrendered, Colonel Hunt had told captured Indian troops that they should ‘obey the orders of the Japanese in the way that you obeyed the British government. Otherwise you will be punished.’85 Other evidence seemed to suggest that the Singapore commander, General Percival, had endorsed this position. So, said the accused, P. K. Sehgal: ‘In return for the loyalty of the Indians, the British representative handed them over to the Japanese like a flock of sheep. Thereby the British had cut off all our bonds of allegiance to the British crown.’ Buoyed up by the public reaction to this claim, the defence went on to argue that Bose’s Azad Hind government was an independent administration created by war. It controlled its own territories, even if they were only the sparsely populated Andaman and Nicobar Islands. It had an effective and autonomous army, and its government had been recognized by, among others, the government of Eire.86 The Azad Hind government enjoyed exactly the same status as the United States of America after the declaration of independence in 1776. The fact that Bose had failed was neither here nor there. The INA soldiers were officers of an independent army. The floggings and executions they administered in Burma and Malaya were perfectly compatible with the British Army Act of 1911.

What was striking about this line of argument was that it had been put together not solely by the three determined Congressmen among the defence lawyers, Nehru, Bhulabhai Desai and Asaf Ali, but by several hoary old Indian liberals who had been decorated by the British government and were widely regarded as loyalists by both British and Indians.87 If such men were arguing that the independent Indian nation already existed, how could it be otherwise? The three young officers were ultimately convicted, but only of the lesser charge of rebellion against the king-emperor. The sentences passed were never imposed. Wavell later acknowledged that the first trials should have been of men who could actually be convicted of brutality or murder.88 The three were later released from jail and given dishonourable discharges from the army. But the British Raj had already suffered a lethal blow. Its legitimacy, long questioned, was now seeping away. Even Ajit Rudra, a senior Indian officer who had once believed passionately that the INA had betrayed their loyalty to the king-emperor, had second thoughts.89 If the British had willingly released the Indian troops from