By Parmod Kumar
New Delhi, March 12 (UNI) The Supreme Court on Thursday refused to entertain a petition filed by Ashish Ray, grandnephew of Netaji Subhas Chandra Bose, seeking directions to bring Netaji’s mortal remains to India. The court said that instead of grandnephew, Netaji’s daughter and sole heir should approach the court.
When Senior Advocate Abhishek Manu Singhvi, appearing for Ashish Ray, informed the Court that Netaji’s daughter Anita Bose Pfaff was virtually present online and supported the petition, a Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi and Justice Vipul M. Pancholi said that she should file the petition in her capacity as the heir instead of supporting it from behind the curtain.
Eighty-four-year-old Anita Bose Pfaff lives in Austria.
At the outset, Chief Justice Surya Kant told Singhvi that similar petitions had been filed earlier and all had been dismissed. He pointed out that the last such petition was filed in 2024 and was also dismissed.
Singhvi, however, sought to distinguish the present plea from the earlier ones. He submitted that previous petitions sought declarations that Netaji was still alive and demanded inquiries into his whereabouts. In contrast, the present petition only sought the return of Netaji’s mortal remains to India.
To this, Chief Justice Surya Kant asked, “First of all, where are the ashes.”
The senior advocate also pointed out that several Indian leaders had visited the Renkoji Temple in Tokyo, Japan, to pay homage to the ashes of Netaji, which are preserved there. A memorial to Netaji Subhas Chandra Bose is located within the temple complex.
Describing Netaji as one of the country’s greatest national heroes, the Chief Justice said the Court bows before his memory. He, however, asked Singhvi how many members of the Bose family supported the petition. Singhvi replied that Netaji had only one heir — his daughter — and that she supported the plea and was present online during the hearing.
Justice Bagchi observed that she should come forward herself to pursue the matter. He also indicated that there were disputes within the Bose family on the issue.
Justice Bagchi observed, “But the heir is not the petitioner. Heir must come before us. She cannot fight behind the curtains. We respect their sentiments; we would ensure her sentiments are translated into legal action. But she must come forward. As far as we understand, there are disputes within the family.”
When Singhvi again submitted that Anita Bose Pfaff was ready to address the Court online, the Bench declined to hear her, noting that she was not a petitioner before the court. Singhvi then sought permission to withdraw the petition, stating that Netaji’s daughter would approach the Court herself.
The Court allowed the request and dismissed the plea as withdrawn.
On September 1, 2014, the Supreme Court dismissed a public interest litigation filed by advocate M.L. Singh (since deceased) seeking directions to the government to disclose details relating to the mysterious disappearance of Netaji Subhas Chandra Bose. The petitioner had sought directions to the government to produce correspondence and documents relating to Netaji held by the British government and to declare a purported treaty between India and the United Kingdom concerning Bose as illegal.
Terming the petition frivolous, a Bench comprising Chief Justice R.M. Lodha, Justice Kurian Joseph and Rohinton Fali Nariman (all since retired) dismissed it and imposed costs of Rs 50,000.
Later, on November 14, 2022, the Supreme Court dismissed another PIL seeking directions to declare Netaji’s birth anniversary a national holiday. A Bench led by Chief Justice D.Y. Chandrachud (since retired) and comprising Justice J.B. Pardiwala observed that the best way to honour Netaji’s contribution was by working with the same dedication that he showed in the struggle for independence.
