A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan declined to entertain the plea, stating that the issue was beyond the purview of judicial determination.
NEW DELHI: The Supreme Court on Monday(18th Nov) dismissed a petition seeking an inquiry into the death of Netaji Subhash Chandra Bose.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan declined to entertain the plea, stating that the issue was beyond the purview of judicial determination.
Justice Kant orally remarked, “You should approach the appropriate forum. We cannot rule on this matter. The question of whether the commission investigating Netaji’s death was correct is a policy issue, not something for the court to decide.”
Advising the petitioner to approach the appropriate forum, Justice Kant remarked, “The question of whether one commission was correct or another involves policy considerations.”
The petitioner, Pinaki Pani Mohanty, had also sought a declaration recognizing the Azad Hind Fauj’s role in attaining India’s independence.
In a previous hearing in April, the Court criticized the petitioner for making “reckless and irresponsible” allegations against deceased national leaders and questioned the petitioner’s intentions.
The petitioner contended that there is no conclusive determination regarding Bose’s death, as neither the Khosla Commission of 1970 nor the Shah Nawaz Commission of 1956 reached a final conclusion about his disappearance. The petitioner argued that Bose did not die in the 1945 plane crash and requested the Court to order an inquiry.
Additionally, the petitioner sought a declaration from the Court stating that it was the Azad Hind Fauj, led by Bose, that contributed to India’s independence from Britain in 1947.
In rejecting the Public Interest Litigation (PIL), Justice Kant remarked, “We are not experts. You are a political worker, so go raise the issue in your party. The Court is not the solution for everything. It is not the Court’s job to govern the country.”
