New Delhi, November 18, 2024: The Supreme Court on Monday declined to entertain a Public Interest Litigation (PIL) seeking an investigation into the death of Indian freedom fighter Subhas Chandra Bose. The petition, filed by Pinak Pani Mohanty against the Union of India and others, questioned the conclusions drawn by past commissions regarding Bose’s death.
A bench comprising Justices Surya Kant and Ujjal Bhuyan stated that the court is not the appropriate forum to adjudicate on the conclusions of inquiry commissions. Justice Kant remarked, “We cannot decide on the validity of the findings of the commission. This matter pertains to policy, not legal adjudication. You should approach the appropriate forum.”
The petitioner argued that there has been no conclusive evidence regarding Bose’s death, citing the Shah Nawaz Commission of 1956 and the Khosla Commission of 1970. He contended that Bose did not die in the 1945 plane crash in Taiwan, as widely believed, and called for a fresh probe to uncover the truth.
Additionally, the petitioner sought a declaration recognizing that the Azad Hind Fauj (Indian National Army) led by Bose played a pivotal role in securing India’s independence in 1947.
The court dismissed the plea, with Justice Kant observing, “You are a political worker; raise this issue within your party. It is not the court’s job to run the government or resolve every issue.”
The decision reaffirms the judiciary’s stance on refraining from intervening in historical debates and matters of policy, leaving such issues to be addressed through appropriate political or legislative channels.
