Nanavati

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Love/Death and Scandal in Bombay

MURALI K MENON (HTTP://WWW.MANSWORLDINDIA.COM/AUTHOR/MKM/) AUGUST 12, 2016
Love/Death and Scandal in Bombay

MURALI K MENON (HTTP://WWW.MANSWORLDINDIA.COM/AUTHOR/MKM/) AUGUST 12, 2016 CINEMA (HTTP://WWW.MANSWORLDINDIA.COM/CATEGORY/CINEMA/) FRESH
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R
ecent developments in the Sheena Bora murder case remind us that Mumbai is no stranger to lurid love/hate crimes, Shakespearean in scale and complexity. The details of
deathand
the Indrani Mukerjea case are well known and sketch a chilling portrait of an educated individual whose jetsetting aspirations allow her to allegedly indulge in horrifying,
scandalin
cold-blooded, premeditated licide.
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cases contrast deeply to the crimes of poverty and desperation that are more commonplace.But Indranis case isnt the only dark and dreary murder case to come from
the higher echelons of Mumbai. Heres a throwback to the famous Nanavati case which took place in 1959. Unlike the Indrani Mukerjea case, the Nanavati debate had polarised public
rustomthereal
opinion, with a lot of people supporting the culprit. Apart from its ability to grip a city and a nation with its sensational appeal, the cases had other things in common, not least of which
was the presence of counsel bearing the legendary Jethmalani surname. Ram Jethmalani rose to prominence as the prosecutor in the case, while his son Mahesh Jethmalani continues to
story/)
represent Peter Mukerjea husband of the accused, while his associate Gunjan Mangla serves as Indranis lawyer.
On the afternoon of April 27, 1959 Commander Kawas Maneckshaw Nanavati stepped out of his home in Cue Parade, Colaba, on a short but tragically momentous journey.
Along with him in his car were his English wife Sylvia, 30, and two children. An alumnus of the Royal Navy College in Dartmouth, the handsome, well-built and well-liked ocer
was second in command of the Indian Navys agship INS Mysore. He had seen action on various fronts during WW-II, had been awarded many medals for gallantry and was
among those who were especially recommended by Lord Louis Mountbatten as the British marched out of India. Just 37, Nanavati, who, it would seem, embodied the ideal of
an ocer and a gentleman, had a lot to look forward to. But just before lunch that day, his world came crumbling down. Sylvia, whom Nanavati had met in England in 1949,
had confessed to him that she was in love with another man, a family friend called Prem Ahuja.
As he drove their car past the shing boats at Badhwar Park, through the pong of drying sh, and along Azad Maidan, Nanavatis demeanour betrayed neither the humiliation
nor the vengeance-fuelled anger of the cuckold. As was previously decided, he dropped the kids and Sylvia at Metro Cinema for a matinee show of Tom Thumb. He then drove
towards Bombay Harbour where his ship was docked, informed the captain that he was leaving by road for Ahmednagar and requested him for permission to draw a revolver
and six rounds. He put the gun into an envelope and pointed his car in the direction of Universal Motors, a Willys Jeep showroom owned by Ahuja, on Peddar Road in south
Bombay. But Ahuja had gone home for lunch and was probably still there. Nanavati got back into his car and headed towards Ahujas at in Setalvad Lane o Napean Sea
Road, near Malabar Hill.
With wavy hair, thick eyebrows and an evolved sense of the sartorial, Prem Bhagwandas Ahuja cut an attractive gure. Ahuja, 34, was an excellent dancer. He also had a
history of seduction and a penchant for bedding the wives of ocers in the Armed Forces. A regular presence at many of Bombays British-era clubs and Services parties,
Ahuja ensnared many a forlorn woman with his rakish charm. According to the Blitz, the racy left-leaning tabloid which folded in the mid-1990s, Ahuja was a gay Lothario who
loved to graze in other peoples pastures. He had started his career as a philandering playboy rather early in life. Even in Karachi (the Ahujas migrated to India after Partition
and Ahuja stayed with his sister Mamie) he had run away and gone through a form of marriage with her It was also said that Ahuja, the recipient of many epistolary
dedications and photographs, never wrote to any of his lovers nor did he ever part with any of his pictures. Ahuja had just nished having his bath when Nanavati was let into
his third oor apartment by the housemaid. Nanavati walked into Ahujas bedroom and closed the door behind him. A little later, three shots rang out. Ahuja, clad only in a
towel, lay slumped on the oor. Nanavati walked out of the apartment, past the anguished cries of Mamie. He then drove down Malabar Hill, asked a police constable at the
gates of Raj Bhavan for directions to the nearest police station and upon being directed, drove to the nearby Gamdevi Police Station to surrender himself.
The dramatis personae: Commander Kawas Nanavati, the cuckold; Sylvia Nanavati, his beautiful English wife; Prem Ahuja, the playboy paramour; Ram Jethmalani, the lawyerconsulted
by the prosecution; Reginald Pierce, the only juror who voted against Nanavati
The sequence of events triggered by Sylvias confession and which ultimately led to Ahujas death birthed an episode that is still unparalleled not just for the tremendous
recall it has 50 years since, but also because of the seismic impact it had on the psyche of the city and the legal system. Like similarly eventful and inuential trials across the
world, the Nanavati case had many layers. On the one hand, the case, involving as it did adultery on the part of a rich, beautiful blue-eyed woman from south Bombay and the
murder of her playboy paramour by her dashing husband, was salacious fodder for cocktail gossip, often fuelled by speculative reporting by tabloids and newspapers. It
stirred emotions, provoked moral judgments, caused a rift between the Parsi and Sindhi communities and bought terms such as honour killing back into vogue. And yet, it
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also acquired the halo of a Greek tragedy. Here was Nanavati, an upright, accomplished naval commander undone by betrayal and an inability to rein in his rage. In public
trials held in Bombays raucous chai shops, genteel bars, and well-appointed homes behind Art Deco facades, Nanavatis supporters, as a counter to those who proclaimed
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the rule of law above all else, would have put this question to their opponents across the table: What would you have done if you were in his shoes?
For every man who had enormous faith in the codes that govern modern society, there were others who believed that Nanavati was an honourable murderer. In its two-and-
a-half year journey from the Greater Bombay Sessions Court to the High Court and from there to the Supreme Court, the Want to receive
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to include other prominent players, including lawyers like Ram Jethmalani, and the shadowy presence of Vijayalakshmi every
Pandit,month? Leave us your
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perhaps, one should also add Russi Karanjia here. The amboyant editor of the weekly Blitz, and friend to Nehru and Menon, among scandalin
others, championed the cause of his
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fellow Parsi, turned the murder trial into a ght between the middle-class values of Nanavati and the bourgeois depravation Found.
of Ahuja, and put up an impassioned, though
bombaynanavati
biased, defence of the Commander. Here is P R Lele, Blitzs constitutional expert, in a December 2, 1961 article headlined The President must pardon Nanavati: If a member
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of the Fighting Forces always has to entertain the fear that some moneyed and leisured man might be consoling his wife, in his absence, he will be more worried than if his
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pay is not sucient to meet the regular expenses of his household People want to ask the top authorities to consider what will be the moral eect on those whom you invite
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to join the Defence Forces if and when they observe that those in authority take a technical view of the invasion by the wealthy of their unprotected homes.
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Gyan Prakash, a professor of history at Princeton and the author of the upcoming Bombay Fables, calls the Nanavati case Indias rst media trial, its own OJ case . The lead
role here must be credited to Russi Karanjia. It was Blitz that turned this case into a trial of patriarchy and patriotism, and elicited the people on behalf of Nanavati. In terms
of media history, Blitzs role was a pioneering one. In the age before television, it was the closest one would come to an image-saturated coverage. Blitz, says Prakash,
covered the case with an abundance of photographs and graphic illustrations that imprinted the case as a picture in peoples minds.
By the time the trial came to a close in the winter of 1961 Nanavati, who was sentenced to life imprisonment by the Supreme Court, was suddenly granted a special pardon
by the government, but more on that later the city was never the same again. Bombay of the late 1950s-1960s, says Prakash, was the twilight of the late colonial and early
post-colonial city in which the elite south Bombay social ideal still had some resonance. The trial and particularly its sensational coverage by Karanjia, built on voyeuristic
interest, and the setting up of the people on the street, supposedly concerned over patriarchal and patriotic honour, against the people that the state represented in the
court, was of far-reaching signicance. It showed in advance what was to come later the populist mobilisation of the people on the street against the ideals of the liberal
democratic order in which the rational deliberations of law in the court were supreme. The trial was also the last case in Bombay to be tried by a jury. The jury system was
abolished since it was believed that the members of the jury had been inuenced by the medias portrayal of Nanavati as a martyr to the cause of honour.
(https://i1.wp.com/www.mansworldindia.com/wp-content/uploads/2014/10/MG_2563.jpg)
Mumbai Police Historian Deepak Rao
Mumbai police historian Deepak Rao calls the trial the most prominent case in the citys history. Rao, 56, a tall, lean man with a walrus moustache and inquisitive eyes that
leap out from behind his brown spectacles, remembers how, as a child, he would listen to his parents and their friends animatedly discuss the minutiae of the case and follow
its twists and turns in the pages of the Blitz and Current. The Raman Raghav case was a major one but this was a potboiler. There were all kinds of rumours about why the
government was supporting Nanavati, it was said that he was to be the commander of Indias rst nuclear submarine and in possession of naval secrets, says Rao. It was the
talk of the town, from race-goers to members of posh clubs to the local pan-wallah, everybody had an opinion on it.
Like the Raman Raghav case, the Nanavati trial appears to be part of received memory for every Bombayite, even those from todays generation, passed on father to son or
grandmother to grand-daughter. A Google search throws up, besides several articles on the legal ramications of the case, posts by bloggers revolving around the
recollections of their aged relatives, which elicit comments from readers who quote from inherited memory. Not too many know of its exact import, but like a myth the case
still shines in the gloaming of a receding collective memory.
On yazadjal.com Ankh, a contributing blogger, writes, in a sidelight to a post on the Nanavati case, This case is some kind of a legend in my family. My grandmother, then
working for Tata Steel, went during her lunch hours to see the trial in action. I used to love hearing all her stories about the handsome Commander Nanavati. (Methinks she
too was smitten). Fashion photographer Farrokh Chothia is, by his own admission, a Nanavati case junkie. Hes read up on every available piece of literature on the case on
the internet, wants to, when he has more time, access court documents relating to the case and encourages people like this writer to tell the story of the Nanavatis to a new
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generation of readers. To me, Nanavati was this cliched, Elizabethan character suddenly hurled into this dramatic turmoil and I try and put myself in his place, says Chothia,
who, for a while during his childhood, used to stay near Setalvad Lane. I suppose my interest in the case is also because of nostalgia. Bombay, in the 1960s, was a dierent
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place, with dierent value systems and maybe, also because Nanavati was, like me, a Parsi.
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The trial inspired several books, lms and plays, including Indra Sinhas (right) The Death of Mr Love, (left) Ami Natya Velar, a Konkani play
(https://i2.wp.com/www.mansworldindia.com/wp-content/uploads/2014/10/Vinod-Achanak-007.jpg)
Gulzars Achanak starring Vinod Khanna
The case also inspired many interpretations, both literary and celluloid. If R K Nayars Yeh Raaste Hain Pyaar Ke (1963), with Sunil Dutt playing an Indian Air Force pilot, Leela
Naidu as his Paris-born wife and Rehman as her paramour, turned out to be a typically oblique Bollywood attempt at portraying a real-life incident involving adultery,
GulzarsAchanak (1973) ended with an open-ended question. Ranjeet Khanna (Vinod Khanna), a much decorated major is hunted down by cops for the murder of his wife (Lily
Chakraborty) and her lover. Khanna, who is badly injured during the course of the pursuit, is nursed back to health by Dr Chaudhary (Om Shivpuri). As Khanna is led away to
the gallows, the credits roll with Dr Chaudhary mouthing a rhetorical why? Author Indra Sinhas The Death of Mr Love (2002), built around the case, introduced a ctional tale
about a second crime linked to the rst that destroys the life of another of Ahujas lovers, while Nanavati even makes a cameo as Commander Sabarmati in Salman Rushdies
Midnights Children. And until as recently as 2006, Ami Natya Velar, a Konkani translation of a Kannada play written by Ramachandra Churya, used to be regularly staged by
theatre troupes in Mangalore. Daya Victor Lobo is among the many directors to have staged the play. The message he sent through his interpretation of the play? Society is
responsible for the welfare and well-being of the families of ocers in the Armed Forces.
Having outlasted his wife and with his children in the United States, John Lobo, 84, spends his time listening to the melancholy sighs of the sea from the balcony of his at that
overlooks a wave-battered promenade in Bandra, Mumbai. In the late 1950s, Lobo, a diminutive matter-of-fact man, served as one of the citys several deputy commissioners
of police. He was also the man Nanavati surrendered himself to. Fifty years ago is another lifetime for Lobo, but, aided by my photocopy of a chapter of his memoirs, Leaves
from a Policemans Diary, he determinedly pieces together a bygone era, imploring his memory to throw at him scraps of his own past.
On the evening of April 27, Nanavati, unfamiliar with the location of the Gamdevi Police Station, drove up to the residence of the naval Provost Marshal, a Commander
Samuel, and called out to him from downstairs. When Nanavati told him of the shooting an alarmed Samuel asked him to head straight to the Commissioners oce at
Crawford Market and meet Lobo. At around 5 pm that day Lobo got a call from Samuel, which was followed by another call from an inspector of the Gamdevi Police Station
and so Lobo was already expecting Nanavati.
His was an imposing gure and he had the air of a man used to giving orders. I have shot a man, he told me, says Lobo. Nanavati turned pale when I told him that the man
he had shot was dead. He then asked for a glass of water. Instead of the police lock-up, which housed ordinary felons and criminals, Nanavati was accommodated in one of
the oce-rooms which was where Sylvia would often meet him. We were witness to some of their meetings and there were attempts at reconciliation as well. Nanavati
mostly stayed quiet. I remember Sylvia once telling them to let bygones be bygones. Lobo remembers Sylvia, as a very attractive lady, who used to attend the trial daily.
As Nanavati adjusted to a new reality, the great wheel of Bombays law and order apparatus started turning. Lobo got several calls that day from the Navys lawyers asking
him to hand over custody of Nanavati, but he stood his ground (later, though, he was remanded to naval custody). The crime scene, Ahujas apartment at Jeevan Jyot building,
swarmed with police ocers and newspaper staers, as idle crowds milled outside. In his book Lobo writes: On the oor (of the room) was laying the empty brown envelope
bearing the name of Lt.-Commander K M Nanavati. The evil that men do lives after them it leaves footprints on the sands of time. Two spent bullets were recovered but
there was no trace of bullets having ricocheted o the walls. The assailant had surprised his victim and done a quick job.
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For the rest of the duration of the trial Lobo met Nanavati just once and that was on the day he testied against him in the Sessions Court. He was being led into the
courtroom and I told him that I was sorry but I had to testify against him. I think he simply said, Dont worry about me, just go and do your duty. He was a ne man, who just
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happened to do the wrong thing.
The Nanavati trial began in the court of city sessions judge R B Mehta the next month. Karl Khandalavala was the defence lawyer, and assisting him were Rajni Patel, who was
Want towas
to later become a prominent Congress politician, and S R Vakil. The public prosecutor was Chandu Trivedi and Ram Jethmalani receive your by
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two Parsis, one Anglo-Indian, one Christian and ve Hindus. While Jethmalanis role in the case remained of a consultative in touch.
throughout,
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both during the trial and after it. The case also marked a watershed in his professional life. Jethmalani was an upcomingNo
lawyer
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ensuing two years saw him consolidate his place in the countrys legal rmament.
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A remote relative of Ahuja, Jethmalani says he met him at a party about a week or two before he was murdered. I dontShare
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slept with the wives of senior naval
mild amusement.
ocers, he must have also bedded the wives of the Army and the Air Force chiefs, says the former Union law minister who, at 86, views the case with detachment and often,
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Since Nanavati had already confessed, the trial hinged on one crucial point: on whether it was a case of murder under section 302 of the Indian Penal Code or culpable

homicide not amounting to murder. The former would invite a life imprisonment or death sentence, while in the case of the(http://www.mansworldindia.com/cinema/love-
latter, there was a maximum punishment of ten
years imprisonment. If the defence lawyer could convince the jury that his client had acted under a grave and sudden provocation, Nanavati could get away with a lighter
term or even get o scot-free. inspired-lm-rustom-the-real-story/?
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(https://i1.wp.com/www.mansworldindia.com/wp-content/uploads/2014/10/Russi-Karanjia-Credit-Mukesh-Parpiani-NCPA4-col.jpg)
Russi Karanjia, editor of Blitz which was rmly behind Nanavati
With the newspapers, especially the Blitz, whipping up emotions, support for Nanavati was strong, particularly and naturally among the Parsis, and young women. In his book
Lobo writes: Not only did they overow the restricted accommodation available in the courtroom but large numbers, particularly of the fair sex, lined the route around Flora
Fountain as the van carrying the prisoner drove up to the court. Understandably, their sympathies were with the unfortunate naval ocer. Flower petals and currency notes
were thrown by his admirers. There were reports in the Blitz of lipstick-smeared 100-rupee notes oating gently down on Nanavati every time he left the Sessions Court and
about how he received marriage proposals from infatuated women, who hoped for a ruling in his favour, a divorce from Sylvia and marriage with him thereafter. Later on
during the trial, when Sri Prakasa, the then governor of Bombay, decreed that Nanavati should be put under naval custody and his life sentence suspended, the powerful
Parsi community closed ranks and over 8,000 people gathered at the Cowasji Jehangir Hall in south Mumbai, as a show of support.
On the rst day of the trial, Trivedi, who also happened to be Jethmalanis friend, bungled. He horried Jethmalani by delivering a totally dierent opening speech than the
one prepared for him by the latter. His remarks, recalls Jethmalani, made it look as if he were arguing on behalf of the defence. At the end of the day I told him, Chandubhai,
Im not coming to court again, says Jethmalani, who ultimately gave in to Trivedis whiny persistence and assumed charge once again. (Apparently, Trivedi acted as he did
because he had been assured Nanavati would plead guilty and that getting a conviction would be easy.) After Trivedi presented his witnesses, including forensic experts, the
defence opened their counter with Nanavati himself occupying the witness box. Dressed in full naval regalia, Nanavati told the judge that his gun had accidentally gone o
during a scue with Ahuja and that if he had really intended to kill his adversary, it would have taken him just one bullet and not three. He was followed by the eminent
surgeon Dr A V Baliga, whose turgid proclamations were intended to establish a case of accidental ring and rubbish the evidence presented by forensic experts. Baliga,
though, later wilted under Trivedis relentless cross-examination, which was orchestrated by Jethmalani. As the trial neared to a close the prosecution, with its contention that
the oence was premeditated, appeared to have the upper hand there was a gap of three hours between Sylvias confession and Ahujas murder.
On the nal day, judge Mehta discussed the evidence with the jurors and waited for them to reach a conclusion. The jurys verdict was not guilty, by a majority of eight. Only
one person dissented. Jubilation surged through most of those present in the courtroom and the crowd gathered outside. The case would have been considered closed had it
not been for the courageous judge Mehta. After the exultations of triumph from Nanavatis supporters had abated, Mehta announced that he did not accept the jurys verdict
and deemed it perverse. He referred the case to the Bombay High Court, where after reviewing the evidence, the judges upheld the verdict of the Sessions Court. Nanavati,
who was sentenced to life imprisonment on March 11, 1960, then appealed to the Supreme Court. But, and we bypass a sea of legalese here, Jethmalanis and Trivedis ship of
reason sailed through. The SC dismissed the appeal and conrmed the sentence of life imprisonment in November 1961. Karanjia went into overdrive and red one volley
after another, including printing a mercy petition in the December 2 edition of his paper. As things stood, Nanavati was heading towards a life behind bars, but unbeknownst
to him, a twist in the story was being given shape. It was a development that would see Jethmalani using his persuasive powers yet again, this time to free Nanavati.
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(https://i1.wp.com/www.mansworldindia.com/wp-content/uploads/2014/10/Vijaylaxmi-pandit-live-4-col.jpg)
Vijayalakshmi Pandit, then governor of Bombay, who pardoned Nanavati 1 Like 688
The destinies of men often intertwine in the strangest of ways. As Nanavati languished in prison, Vijayalakshmi Pandit, who
Wantbecame governor
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1962, received a
mercy petition led by a Sindhi leader, Bhai Pratap, in March that year. Pratap, whose businesses included the import ofevery
sports goods, had been
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details and the misuse of
the goods. It was an absolutely fake case, claims Jethmalani, and the two bureaucrats (B B Paymaster and R L Dalal) scrutinising the case found Bhai Pratap to be innocent.
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Jethmalani says that the plan that was to unfold in the next few days could possibly have been Paymasters, on account of his being a Parsi. What the government, still under
No Fields Found.
bombaynanavati
pressure from various quarters to release Nanavati, wanted to do was simple: pardon Nanavati, and then, to appease the Sindhi community, pardon BhaiPratap as well.
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Towards the end of March, on a typically muggy Bombay evening, Jethmalani opened the door of his Panchshila apartment Share in Cue Parade to unexpected visitors. Among
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them was Rajni Patel, the defence lawyer in the case, and Sylvia (She was a looker!). Patel told me that the government wanted to pardon both Bhai Pratap and Nanavati. All
I had to do was convince Ahujas sister Mamie. It was political expediency at its best, but Jethmalani did his bit. He convinced
after.
Mamie. story/)
Both the accused were pardoned soon

As always there are stories within stories. In the case of the Nanavati trial, one among them is that of Reginald Pierce and it is a story that has seldom been told. Pierce was
the odd one out among the members of the jury that found Nanavati innocent, the only one who remained impervious to the blinding power of emotion and said, plainly, that
He did it. I met him last month at his home in Bandra, Mumbai. Pierce is 102, but is probably the ttest member in his family. He has a head full of noble, silver hair, still goes
for his evening walks around his Mount Mary neighbourhood and was impeccably dressed for a dinner he had to attend.share=facebook&nb=1)
The secret of his longevity, says his son-in-law
688 Alex,

could be that he never lies. Pierce was selected as a jury member after he responded to an advertisement in The Times of India and he still recalls the ferocious attitude of
his counterparts. They had no honour, he says. They were tremendously against me and berated me relentlessly after I had made my stand clear. If the crowds outside had
known who the lone dissenter was, they would have lynched me. But I saw the evidence and it was apparent that he killed him. Then, he asks me about the whereabouts of
the Nanavati family. I tell him of the familys migration to Canada and of Nanavatis death in 2003. He was a ne fellow, very intelligent. I knew I was condemning him but
rightfully. I think he was an honourable murderer, but a murderer all the same.
A month or so after he was pardoned Nanavati left along with Sylvia and their children for Canada. They never returned to Bombay again nor have they, as far as I know,
spoken about that tumultuous episode in their lives to anyone. The Nanavati trial, though, keeps surfacing in the Indian media every decade or so, as it does now, on its 50th
anniversary. But I often wonder what Sylvia, now a sweet, portly granny, would have to say if she ever chooses to speak about the case. We will never know, but I suspect that
deep down she sees what a lot of us never have. That, in spite of love, betrayal and death, the noise and the fury, and all those mighty men the trial involved, it was also,
perhaps, a story of letting bygones be bygones.
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