New Delhi: The Supreme Court Tuesday sought the response of the Centre on a plea seeking directions for bringing back the mortal remains of freedom fighter and Netaji Subhas Chandra Bose from Japan to India.
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice to the Union government, the Ministry of External Affairs and the Ministry of Home Affairs on the plea filed by Anita B. Pfaff, Netaji’s daughter.
Senior advocate Dr Abhishek Manu Singhvi appeared for Netaji’s daughter before the CJI Kant-led Bench.
The matter has been listed for further hearing September 28.
The plea seeks the return of Netaji’s mortal remains from the Renkoji Temple in Tokyo, Japan, where ashes believed to be those of Subhas Chandra Bose have been preserved for decades.
The petitioner has sought appropriate directions to the Union government for bringing the remains back to India, asserting that Anita Bose Pfaff, being Netaji’s daughter and legal heir, was entitled to pursue the issue before the apex court.
The Supreme Court’s latest proceedings come months after it had refused to entertain a similar plea seeking the return of Netaji’s mortal remains from Japan.
In March this year, the CJI Kant-led Bench had expressed its disinclination to entertain a petition filed by Ashish Ray, the grandnephew of Netaji.
Senior advocate Abhishek Manu Singhvi, appearing for Ray, had then sought permission to withdraw the petition and informed the top court that Netaji’s daughter would approach the apex court with a fresh plea.
During the hearing, Singhvi had submitted that Netaji had only one legal heir, Anita Bose Pfaff, and that she supported the plea seeking the return of his mortal remains. However, the CJI Kant-led Bench had observed that the legal heir herself was not the petitioner and should approach the Supreme Court directly if she wished to pursue the issue.
“But the heir is not the petitioner. The heir must come before us. She cannot fight behind the curtains,” the apex had remarked.
It had also observed that it respected the sentiments of Netaji’s family, while making it clear that the legal proceedings had to be initiated by the concerned heir.
The petition alleged that the Union government had failed to bring back Netaji’s mortal remains preserved at the Renkoji Temple in Tokyo and sought directions for the remains to be brought to India so that his daughter could perform his last rites in the country.
