Reckless Allegations: Supreme Court On PIL Seeking Inquiry Into Netaji's Death, Declaration That Independence Was Attained By Azad Hind Fauj

In a public interest litigation seeking inter-alia inquiry into the death of Netaji Subhash Chandra Bose, the Supreme Court on April 1 expressed serious displeasure with the allegations levelled against country's deceased national leaders and posted the matter for a deeper scrutiny into bonafides of the petitioner.

"Since the petition contains reckless and irresponsible allegations against some national leaders, who are no longer alive, the bona fides of the petitioner requires a deeper scrutiny", said the Bench of Justices Surya Kant and KV Viswanathan.

Considering the petitioner's claim that he was pursuing cases for the sake of human rights, the court further directed that he file an affidavit of the activities so far undertaken by him for the welfare of the society at large, particularly for enforcement for human rights. "The complete history of the organisation, of which he claims himself to be an office bearer, shall also be furnished," read the order.

Notably, besides an inquiry into Netaji's death, the petitioner seeks (i) apology from the Indian National Congress (ii) declaration that Indian independence was attained by the Indian National Army (Azad Hind Fauj) (iii) declaration of a National Day and (iv) declaration of Netaji as National Son.

The Intelligence Bureau and Indian National Congress have been arrayed as respondents in the matter. It is next listed for hearing on May 6.

Case Title: Pinak Pani Mohanty v. Union of India and Ors., W.P.(C) No. 130/2024

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