Supreme Court Rejects PIL for Netaji's National Recognition
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New Delhi, April 20 (NationPress) The Supreme Court has dismissed a Public Interest Litigation (PIL) on Monday that sought to recognize Netaji Subhas Chandra Bose’s Indian National Army (INA) as pivotal in achieving India’s Independence. Additionally, the court rejected the request to bestow him the title of 'National Son' and to declare his birth anniversary and the INA’s foundation day as national commemorative days.
A Bench led by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi declined to entertain the petition brought by Pinakpani Mohanty, noting that similar petitions had been previously filed and dismissed.
The petition aimed to officially recognize Netaji as the 'National Son', and it proposed that January 23 (his birth date) and October 21 (the INA’s founding day in 1943) be acknowledged as national holidays.
Furthermore, it requested that his birthplace in Cuttack be designated as a national museum.
At the beginning of the proceedings, the CJI Kant-led Bench inquired about the previous similar petitions filed by the petitioner. When Mohanty attempted to clarify the uniqueness of the current petition, the apex court expressed disapproval about the repetitive nature of such filings.
The Bench remarked, “You have previously filed a similar plea?” urging the petitioner to refrain from misusing the PIL framework.
The Supreme Court stated, “It appears to us that the petitioner engages in such actions for personal notoriety. Factual matters cannot be resolved through judicial means.”
The apex court also instructed its registry not to accept any writ petitions filed by Mohanty regarding similar topics in the name of public interest.
In dismissing the PIL, the CJI Kant-led Bench reiterated its concern over the alarming trend of filing such petitions seeking official declarations on historical and political issues, emphasizing that these matters are beyond judicial review.
Previously, on March 12, the Supreme Court had similarly dismissed a writ petition requesting the return of Netaji's remains from Japan to India. During that session, senior advocate Abhishek Manu Singhvi, representing Netaji’s grandnephew Ashish Ray, sought permission to withdraw the petition after the CJI Kant-led Bench displayed reluctance to address the issue.
This Bench, which included Justices Joymalya Bagchi and Vipul Pancholi, dismissed the matter as withdrawn.
The apex court had previously questioned the frequency of similar petitions, asking, “How many times will this issue come before the Court?” Additionally, it indicated that any legal claims should be initiated by Netaji’s daughter, Anita Bose Pfaff, identified as his sole legal heir.
The CJI Kant-led Bench noted that the heir was not present before the court, stating she “cannot act anonymously” and must approach the Supreme Court directly if she wishes to pursue the matter.
While the Supreme Court expressed profound respect for Netaji’s legacy, it stressed the importance of the timing and context of such petitions, acknowledging the circumstances surrounding their filing.