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Supreme Court Dismisses PIL on Netaji Subhas Chandra Bose's Legacy

In a recent ruling, the Supreme Court dismissed a Public Interest Litigation that sought to recognize Netaji Subhas Chandra Bose's Indian National Army as instrumental in India's independence. The court expressed disapproval of repetitive petitions and emphasized that such historical matters are beyond judicial jurisdiction. The petition also aimed to honor Bose as the 'National Son' and declare his birth anniversary and INA's foundation day as national days. This decision reflects the court's stance on the misuse of PILs for popularity and the need to respect the legacy of historical figures without politicizing their contributions.
 

Supreme Court's Ruling on Netaji's Legacy

A file image of Netaji Subhas Chandra Bose. (Phot:X)


New Delhi, Apr 20: The Supreme Court has rejected a Public Interest Litigation (PIL) that aimed to declare the Indian National Army (INA), led by Netaji Subhas Chandra Bose, as pivotal in achieving India's independence.


A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi dismissed the petitioner's requests to recognize Bose as the 'National Son' and to officially mark his birth anniversary and the INA's founding day as national observances.


The court noted that similar petitions had been previously filed and turned down. When the petitioner, Pinakpani Mohanty, tried to differentiate this case, the court questioned the drafting of the petition and expressed discontent over the repetitive nature of such filings.


Chief Justice Kant inquired, “Have you filed a similar plea before?” warning the petitioner against the misuse of the PIL process.


The petition sought to honor Netaji as the 'National Son' and to declare January 23 (his birth date) and October 21 (INA's foundation day in 1943) as national days.


The court remarked, “It appears the petitioner seeks popularity through such actions. Factual matters cannot be resolved through judicial means,” highlighting the inappropriateness of the claims.


Additionally, the petition requested that Netaji's birthplace in Cuttack be designated as a national museum.


The Supreme Court instructed its registry to refrain from accepting any further writ petitions from Mohanty regarding similar issues under the guise of public interest.


In dismissing the PIL, the bench reiterated its concern over the increasing trend of filing petitions that seek declarations on historical and political subjects, emphasizing that these matters are beyond judicial review.


Previously, on March 12, the Supreme Court had also declined to consider a 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, withdrew the petition after the bench showed reluctance to address the matter.


While acknowledging the significance of Netaji's legacy, the Supreme Court warned against the motivations and timing of such petitions, indicating awareness of the context in which they arise.