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Supreme Court Dismisses Plea To Declare National Holiday On Netaji Subhash Chandra Bose's Birth Anniversary

14 Nov 2022 9:10 AM GMT
Supreme Court Dismisses Plea To Declare National Holiday On Netaji Subhash Chandra Boses Birth Anniversary

The Supreme Court, on Monday, dismissed a petition seeking declaration of National holiday on the birth anniversary of Netaji Subhash Chandra Bose. The petition also sought directions to raise a Memorial Hall and Museum of Netaji Subhash Chandra Bose in New Delhi and other States capitals.

A Bench comprising CJI, Justice Chandrachud and Justice J.B. Pardiwala junked the petition filed as a Public Interest Litigation under Article 32 of the Constitution.

As the matter came up before the Bench, the CJI, Chandrachud remarked that the premise of the petition fall under the domain of the executive and not the Apex Court -

"Whether a national holiday to be declared is a matter of governmental policy. The Supreme Court cannot direct that."

The Counsel complained that the Government has not recognised the contributions of Netaji. Hearing this, the CJI reckoned -

"The best way to recognise his contribution is to work hard as he worked hard."

He asked the Counsel not to add on the number of existing public holidays.

While closing the matter, the displeased CJI told the Counsel to understand the gravity of the jurisdiction of the Apex Court. He advised the Counsel that before filing a petition, he should ask himself if the issue raised in the said petition can be resolved by the Courts, and thereafter proceed with filing.

"You must also take the jurisdiction of the Supreme Court seriously.You have to ask yourself first, can this matter be judicially resolved. You like blue skies, you cannot say, issue direction for blue skies."

The CJI added -

'You're wasting other litigant's time. You can't make a mockery of PIL."

[Case Title: K.K. Ramesh v. UoI And Ors. WP(C) No. 806/2022]

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