THE K M NANAVATI TRIAL

CASE OF K M NANAVATI VS STATE OF MAHARASHTRA

COMMANDER KAWAS MANECKSHAW NANAVATI
SCENE 1(POLICE STATION)
NARRATOR: It was 1959, Bombay had completed 12 years of India's
independence. Cinema was changing. Western clothes had become
fashion. The British game had become our game. And we were starting to
become Englishmen. Luxury vehicles were plying on the roads. India was
changing. But some people were a little behind in thinking.
We were marching forward but some people were staying backward.
The date was 27 April. Inspector John Lobo's birthday and this day
completely changed the city.
NANAVATI: Officer Lobo. I have shot a man.
LOBO: Name?
NANAVATI: Commander Kawas Manekshaw Nanavati.
LOBO: Name of the person whom you killed?
NANAVATI: Prem Bhagwandas Ahuja.
LOBO: 0.38 smith and Wesson?
NANAVATI: Yes, that was the gun.
LOBO: How many shots?
NANAVATI:3
LOBO: Did Prem Ahuja have any weapon?
NANAVATI: I haven't seen.
LOBO: Place where all this happened?
NANAVATI: In Prem Ahuja's bedroom.
LOBO: Any witnesses? How do you know Prem Ahuja?
NANAVATI: Socially.
LOBO: Why did you kill him?
NANAVATI: Came back from the ship after 3 months. I thought it would
be an ordinary day but it was something different from ordinary.
[Arrives navy officers]
[Proceeds to record room where Nanavati is sitting]
KATARIA: I was in Delhi yesterday. I had a meeting with PM, Defense
Minister, and Defense Secretary and we all feel that you have done
nothing wrong, now all we need is a good lawyer.
NANAVATI: Sir, I have committed a crime and I should be punished for it.
KATARIA: Stop torturing yourself, Kavas. You are the best commander of
the Navy, believe me, nothing will happen to you, just sign this paper and
let the lawyers do their work.
NANAVATI: Excuse me, sir.
KATARIA: Are you out of your mind? If not yours, at least worry about
your uniform, you will not get any award by telling the truth.
NANAVATI: Sir, this is my final decision. I will not do this.
[Kataria leaves the report room where he and Nanavati were sitting.]
LOBO: Sir!
KATARIA: I want Kawas to be immediately transferred to the Naval
custody.
[2 Navy officers salute Kataria.]
Both navy officers while saluting: Sir!
KOHLI: Mr. Lobo can we please start the paperwork.
LOBO: There's a murder charge. The commander had made confession to
me. How can I give custody like this?
KOHLI: Perhaps you are forgetting that Commander Nanavati is a Navy
officer.
LOBO: And the murderer too.
SAMUEL: Officer don't mess with the forces. For your information, we
have a Naval Court for such cases.
LOBO: Sir, I want to inform you that I am just doing my duty.
SAMUEL: You don't know that according to the Officers' Navy Act, all
offenses by a naval officer are tried under a court martial.
LOBO: Except for rape and murder. Sir, I have read in Navy Act 1957.
KOHLI: Commander Nanavati is not a murderer. He is a warrior. Mr. Lobo,
let me make one thing clear. If you don't give custody, we will make sure
that the court gives it.
LOBO: Captain Kohli, this is a matter between the lawyer and the judge, I
cannot say anything.
KOHLI: Come on, Samuel.
Both navy officers left.
LOBO: All dismissed.
(MEANWHILE AT PREM AHUJA'S HOME)
SERVANT 1(DEEPAK): Sir was very happy. After drinking tea, Sir told me
that it is very hot, I will take a bath, go get a towel. I just Hanged the
towels in the bathroom. After a while the bell rang.
SERVANT 2(RAJU): When the door opened, the Commander was standing
in front and asked about the sir and went straight to his room. (1,2,3) 3
shots were heard. When we ran upstairs, we saw that the commander
had a gun in his hand. The floor was flooded with the blood and our sir
was lying there only.
[Police servants recording incident in notebook]
 SCENE 2(TRIAL COURT)
JUDGE: There is a weapon and there is surrender. And there is a dead
body.
Councils We should not waste each other's time. And the matter is going
for trial.
KARL: My lord I have a small request.
JUDGE: Tell me.
KARL: In my 15 years of practice and in the history of India, I have never
come across a more serious case than this. Neither heard nor read ever.
Because the person standing there is not only my client but a respected
officer of the Indian Navy. Me and the Indian Navy have a desire that
considering the status of Commander Nanavati, we should give him naval
custody.
CHANDU TRIVEDI: Can I say something?
JUDGE: Speak up.
CHANDU TRIVEDI: Mr.Karl said one thing very right.Navy had made a
huge contribution for India. That's why I also have great respect for the
Navy. Who doesn't know about the Commander? The police keep the
commander in custody with great respect. Inspector Lobo has kept them
in the record room instead of lockup. And if we think sentimentally, then
naval custody of Kawas is made.
Mr. Karl you have forgotten one thing, Murderers and rapists do not get
naval custody under the Navy Act 1957.
KARL: Objection my lord, my client is not a murderer; he has been
charged with murder.
Your honour, I am not afraid at all and I will tell the court that my client is
not a murderer but he is a warrior.
JUDGE: Mr. Trivedi, I accept his request for naval custody. Provided
further that the investigating officer may make an application to reverse
this order if the slightest reason is shown.
The trial will now be held in the sessions court.
The court is now adjourned.