New Delhi, April 20 (IANS) The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) seeking a declaration that Netaji Subhas Chandra Bose’s Indian National Army (INA) was responsible for securing India’s Independence, while also rejecting prayers to accord him the status of ‘National Son’ and to notify his birth anniversary and the INA’s foundation day as national days.
A Bench headed by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi refused to entertain the plea filed by petitioner Pinakpani Mohanty, observing that similar petitions had been filed earlier and dismissed.
The petition had sought a declaration recognising Netaji as the ‘National Son’, and for January 23 (his birth anniversary) and October 21 (the foundation day of the INA in 1943) to be declared as national days.
It also sought directions to designate his birthplace in Cuttack as a national museum.
At the outset, the CJI Kant-led Bench questioned the petitioner over filing a similar plea in the past. When Mohanty attempted to distinguish the present petition, the apex court asked who had drafted it and expressed strong disapproval over the repeated filings.
“You had earlier also filed a similar plea?” the CJI Kant-led Bench asked, cautioning the petitioner against misuse of the PIL jurisdiction.
“It seems to us that the petitioner indulges in such activities for popularity. The factual issues cannot be determined on judicial side,” the top court observed.
The Supreme Court further directed its registry not to entertain any writ petition filed by the petitioner in the guise of public interest on similar issues.
Dismissing the PIL, the CJI Kant-led Bench also reiterated its disapproval of the growing tendency to file such pleas seeking declarations on historical and political matters, observing that such issues fall outside the scope of judicial proceedings.
Earlier, on March 12, the Supreme Court had similarly refused to entertain a writ petition seeking directions to bring back the mortal remains of Netaji from Japan to India. During that hearing, senior advocate Abhishek Manu Singhvi, appearing for Netaji’s grandnephew Ashish Ray, sought permission to withdraw the petition after the CJI Kant-led Bench expressed disinclination to examine the issue.
The Bench, also comprising Justices Joymalya Bagchi and Vipul Pancholi, dismissed the matter as withdrawn.
The apex court had then remarked on the repeated filing of similar petitions, asking, “How many times will this issue come to the Court?”, and added that any legal claim should be pursued by Netaji’s daughter, Anita Bose Pfaff, who was stated to be his sole legal heir.
Observing that the heir herself was not before the top court, the CJI Kant-led Bench had said that she “cannot fight behind the curtains” and must approach the Supreme Court directly if she wished to pursue the matter.
While expressing deep respect for Netaji’s legacy, the apex court had cautioned against the timing and nature of such petitions, stating that it was conscious of the circumstances in which they were being filed.
–IANS
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