Calcutta High Court Dismisses Plea Seeking Inquiry Into Dr Syama Prasad Mukherjee's Death

Sparsh Upadhyay

29 Sep 2021 6:25 PM GMT

  • Calcutta High Court Dismisses Plea Seeking Inquiry Into Dr Syama Prasad Mukherjees Death

    The Calcutta High Court today dismissed a plea seeking an inquiry into the 'mysterious' death of the founder of the Bharatiya Jana Sangh (BJS) Dr. Syama Prasad Mukherjee who had passed away in Kashmir in the year 1953.The Bench of Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj dismissed the plea noting thus:"A petition filed 70 years after the death of Dr. Syama...

    The Calcutta High Court today dismissed a plea seeking an inquiry into the 'mysterious' death of the founder of the Bharatiya Jana Sangh (BJS) Dr. Syama Prasad Mukherjee who had passed away in Kashmir in the year 1953.

    The Bench of Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj dismissed the plea noting thus:

    "A petition filed 70 years after the death of Dr. Syama Prasad Mukherjee, cannot be entertained for holding enquiry or appointment of a commission as neither the record therefor nor any person may be available who may throw any light on that. It may be merely an exercise in futile."

    The petition filed by Advocates Smarajit Roy Chowdhury and Ajit Kumar Mishra had also sought declassification of all the documents relating to Mukherjee's death and submission of a report within a fortnight.

    "The citizen's of India has no information how the death was held while Dr. Shyama Prasad Mukherjee was in custody, hence, all the citizens of India had a right to get appropriate information about the mysterious death of Dr. Shyama Prasad Mukherjee," the plea had averred.
    Importantly, the plea had also sought a categorical statement from the Union and West Bengal governments as to whether Dr. Mukherjee's death was a result of "Nehru Conspiracy" (referring to the then Prime Minister of India, Jawaharlal Nehru).
    The plea had also raised the following basic questions:
    • Why Dr. Shyama Prasad Mukherjee was not arrested before entering Kashmir? Is it because the Supreme court has no jurisdiction over Jammu and Kashmir?
    • Why did Nehru never meet him while he was travelling in Jammu & Kashmir ?
    • While Dr. Shyama Prasad Mukherjee was in detention why no trial was held by Sk. Abdulla's Government and after his arrest in Katua on May 11, 1953 why he was never produced before the court?

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