The Supreme Court Tuesday sought the Centre’s response to a plea by Netaji Subhas Chandra Bose’s daughter Anita Bose Pfaff, seeking the return to India of his mortal remains, believed to have been preserved at the Renko-ji temple in the Japanese capital Tokyo. Subhas Chandra Bose was presumed dead in an air crash in 1945 in Taihoku, the former Japanese colonial name for Taipei, the capital of modern-day Taiwan.
A three-judge bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on the plea after Senior Advocate A M Singhvi, appearing for the petitioner, pointed out that the daughter herself had now approached the court.
“Let (the) Union reply. Issue notice,” the court said.
Earlier this year on March 12, the Supreme Court had declined to entertain a similar plea by Ashis Ray, Netaji’s grandnephew, saying Pfaff should “step forward” and file a petition herself.
Pfaff, 84, then appeared before the bench via video conference from Austria.
“We make it very clear, we respect their sentiments, and we would ensure her sentiments are translated into legal action. But she must step forward,” the bench had told Singhvi, who also appeared for Ray that day.
“Because there are differences, to our knowledge, in the family itself with regard to the incidents which occurred,” Justice Bagchi had said.
Though Singhvi submitted that Ray’s petition had the support of Pfaff, who is Netaji’s sole heir, Justice Bagchi had said, “let the heir come before us. It cannot be a fight behind the clouds. If the heir wants the ashes… to be brought back to the country, the heir must come before us”.
The CJI pointed out then that petitions regarding Netaji had come to the Supreme Court earlier, too, and were dismissed. “How many times will this issue come to the Supreme Court?” he asked.
In November 2024, the Supreme Court rejected a petition filed by a Cuttack resident who sought an inquiry into Netaji’s death. The court told him that the issue did not fall within the domain of judicial review.
With the court not inclined to entertain the plea on March 12, Singhvi had sought permission to withdraw it, with the liberty to return with a fresh petition and the bench allowed this.
Netaji was a prominent leader of the Indian Independence movement, known for his radical nationalism, military leadership, and the establishment of the Indian National Army (INA).
Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 26 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with the daily newspaper, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More
