Sorabji’s case came before the Court on July 8, 1908. The court house was packed full of Indian spectators. Before the case began, we held a meeting of the Indians present on the grounds of the Court and Sorabji made a fighting speech, in which he announced his readiness to go to jail as often as necessary for victory and to brave all dangers and risks. In the meanwhile, I had got fairly familiar with Sorabji and assured myself that he would do credit to the community. The Magistrate took up the case in due course. I defended Sorabji, and at once asked for his discharge on the ground of the summons being defective. The Public Prosecutor also made an argument, but on the 9th the Court upheld my contention and discharged Sorabji who, however, immediately received warning to appear before the Court the next day, Friday, July 10, 1908.
On the 10th, the Magistrate ordered Sorabji to leave the Transvaal within seven days. After the Court’s order was served upon him, Sorabji informed Superintendent J. A. G. Vernon that it was not his desire to leave. He was accordingly brought to the Court once more, on the 20th, charged with failing to obey the Magistrate’s order, and sentenced to a month’s imprisonment with hard labour. The Government, however, did not arrest the local Indians as they saw that the more arrests there were the higher did the Indians’ spirit rise. Again Indians were sometimes discharged thanks to legal technicalities in the cases instituted against them and this also served to redouble the ardour of the community. Government had carried through the Legislature all the laws they wanted. Many Indians had indeed burnt the certificates but they had proved their right to remain in the country by their registration. Government therefore saw no sense in prosecuting them simply to send them to jail, and thought that the workers would cool down finding no outlet for their energies in view of the masterly inactivity of the Government. But they were reckoning without their host. The Indians took fresh steps to test the Government’s patience, which was soon exhausted.
