New Delhi: The Supreme Court on Thursday declined to entertain a petition filed through Netaji’s grandnephew and author Ashish Ray, and asked Netaji Chandra Bose’s daughter Anita Bose Pfaff to herself file a petition if she wants the top court’s intervention in bringing the freedom fighter’s ashes from Renkoji temple in Japan to India.
A bench comprising Chief Justice of India (CJI) Surya Kant, justices Joymalya Bagchi and Vipul M Pancholi said that since the issue involved reported differences within the Bose family over the circumstances of Netaji’s death and the authenticity of ashes, a “direct heir” must approach the court.
“We respect her sentiments and her rights, and we will ensure that her sentiments are translated into suitable legal action, but she will have to come forward herself,” the bench said during the hearing.
Abhishek Manu Singhvi, who appeared for Ray, told the court that the petition was effectively seeking relief on Anita’s behalf. For years, Netaji’s daughter has been urging the Indian government to bring her father’s remains back to India.
“I am appealing for the rights of his daughter to possess his ashes,” said senior advocate Singhvi, adding that Pfaff was currently in Austria and present during the proceedings through video link.
The bench then pointed out that Anita was not the petitioner before the court.
“How many times will we have to adjudicate it? We dealt with this matter last year only. First, tell us how many members from his family are in this petition? He was one of the greatest leaders of our nation and we all bow down to his supreme sacrifices,” the court said.
As Singhvi reiterated that the petition was filed by Netaji’s grandnephew, the court said that such a sensitive matter could not be pursued indirectly.
“This cannot be a fight beyond the wall,” the CJI-headed bench responded, before adding reported differences within the family.
