
Court declines plea by Netaji’s grandnephew on return of ashes
The Supreme Court of India on Thursday asked Anita Bose Pfaff, daughter of freedom fighter Subhas Chandra Bose, to file a petition in her own name if she wanted the court’s intervention in bringing Netaji’s ashes from Japan’s Renkoji Temple to India.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi declined to entertain a petition filed by Netaji’s grandnephew and author Ashish Ray.
The court noted that the issue involved reported differences within the Bose family regarding the circumstances of Netaji’s death and the authenticity of the ashes, and therefore a direct heir should approach the court.
Court stresses need for direct petition
“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.
Senior advocate Abhishek Manu Singhvi, appearing for Ray, told the court that the petition was effectively seeking relief on behalf of Pfaff, who has for years urged the government to bring her father’s remains back to India.
“I am appealing for the rights of his daughter to possess his ashes,” Singhvi argued, adding that Pfaff, who lives in Austria, was attending the hearing via video conference.
Court declines plea filed by grandnephew
However, the bench pointed out that Pfaff was not the petitioner before the court.
“How many times will we have to adjudicate it? We dealt with this matter last year only,” the court remarked.
The judges also emphasised Netaji’s historic contribution to India’s freedom struggle.
“He was one of the greatest leaders of our nation and we all bow down to his supreme sacrifices,” the bench said.
The court added that such a sensitive matter could not be pursued indirectly through other relatives.
“This cannot be a fight beyond the wall,” the bench observed, stressing that Pfaff herself would have to approach the court if she sought judicial intervention.
Petition withdrawn with liberty to file fresh plea
Following the court’s observations, Singhvi sought permission to withdraw the petition and file a fresh plea.
Allowing the request, the court recorded that the petitioner was granted liberty to file a new petition.
Pfaff, an economist based in Austria, has repeatedly appealed to the Indian government to bring Netaji’s ashes back from Renkoji temple in Tokyo, where they have been preserved since 1945.
Debate over Netaji’s death continues
Pfaff believes her father died following a plane crash in Taipei in August 1945, a version supported by several eyewitness accounts, including that of Habibur Rehman, an officer of the Indian National Army.
She has argued that the remains should be brought back to India for a dignified funeral, saying it is time to end what she has described as Netaji’s long “exile”.
However, the circumstances surrounding Netaji’s death and the authenticity of the ashes have remained controversial for decades, including among members of his own family.
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