Supreme Court refuses to entertain PIL for probe into death of Subhas Chandra Bose

The Supreme Court on Monday refused to entertain a public interest litigation (PIL) petition seeking an enquiry into the death of Indian freedom fighter Subhash Chandra Bose [Pinak Pani Mohanty v. Union of India and Others].

Bose is believed to have died from burns he suffered during a plane crash in 1945 in Taiwan.

A Bench of Justices Surya Kant and Ujjal Bhuyan was of the view that it is not for the Court to adjudicate on the validity of inference drawn by the enquiry commission which was constituted to probe into the death of Bose

"You should go to appropriate forum. We cannot adjudicate on this. The issue of whether the commission for probe into Netaji's death was right, is about policy and not for court to decide," Justice Kant orally remarked.

The petitioner argued that there is no finality on the aspect of death of Bose since there was no final conclusion drawn by Khosla Commission of 1970 and Shah Nawaz Commission of 1956 about the disappearance of Bose.

It was argued that Bose did not die in the plane crash in 1945 and therefore, the Court may order an enquiry.

The petitioner further sought a declaration from the Court that it was the Azad Hind Fauj led by Bose which helped India in attaining independence from Britain in 1947.

"We are not experts. You are political worker, go raise the plea in your party. We are not solution for everything. Sarkar ko chalana court ka kaam nahi hai (It is not the job of the court to run the government)," Justice Kant remarked while rejecting the PIL.