In a noteworthy decision, the Supreme Court rejected a public interest litigation (PIL) on Friday, which sought to declare Netaji Subhas Chandra Bose as the “son of the nation” and demanded an apology from the Congress for allegedly downplaying his role in India’s freedom struggle and withholding information about his disappearance or death.
The apex court emphasized that leaders like Netaji Subhas Chandra Bose are “immortal” and don’t require judicial recognition. The PIL, filed by Pinak Pani Mohanty from Cuttack, aimed at obtaining a directive to declare Bose’s birthday on January 23 as a “national day” and recognizing him as a “son of the nation.”
The bench, comprising justices Surya Kant and KV Viswanathan, remarked that it might not be appropriate for a leader of Netaji’s stature to seek recognition through a judicial order. “Leaders like him are in fact beyond the grant of recognition by any court. They are great people, and not just us, the entire country owes to leaders like him,” stated Justice Kant in Hindi.
Mohanty’s PIL questioned the Congress’s acknowledgment of Bose’s contribution, alleging that the political party chose to keep files on Bose’s disappearance and death confidential. The plea also urged the Union government to declare that independence from British rule was achieved by Bose-led Indian National Army (Azad Hind Fauz).
The court advised Mohanty against raising issues related to Bose’s disappearance or death, citing a 1997 judgment when a controversy arose over awarding Bharat Ratna “posthumously” to Bose. The bench reminded Mohanty that such matters had already been addressed by the court in the past and suggested approaching suitable authorities for his concerns.
The circumstances surrounding Bose’s death remain a topic of debate, with different theories and suppositions. The Union government declassified several files related to Bose in 2015, shedding light on his mysterious disappearance. Despite these revelations, the Supreme Court emphasized the need for appropriate authorities to address such matters.
