Supreme Court refuses to consider plea to bring back ashes of Netaji from Japan

New Delhi: The Supreme Court on Thursday refused to consider a plea to bring back Netaji Subhas Chandra Bose's mortal remains from Japan. It, however, clarified that the freedom fighter's heir must approach the court if she wants them brought to India.

Taking up the plea filed by Ashish Ray, grandnephew of Netaji Bose, a bench led by Chief Justice of India Surya Kant said that if Bose’s heir wants the ashes to be brought to the country, then she herself must come forward.

“We respect her sentiments and we would ensure her sentiments are translated into legal action,” the bench also comprising Justices Joymalya Bagchi and Vipul M Pancholi said.

The court response came as senior advocate A M Singhvi, appearing for petitioner Ray, informed that Anita Bose, daughter of Subhas Chandra Bose, was attending the court hearing virtually and supported this petition.

The bench pointed out that similar petitions were filed earlier and dismissed.

The bench asked how many times this issue will come before the court.

Singhvi said this is not that issue.

“Indirectly, directly…why is this petition coming up again? First of all, where are the ashes? What is that proof,” the bench asked him.

Singhvi said the sole heir is the daughter who is 84 years old now and is on the screen.

He said that every head of state from India has visited the Renkoji temple in Japan to pay obeisance to the ashes of Netaji, which are preserved there.

"First of all, we want to know how many surviving family members there are. (He is) One of the greatest leaders of this nation, (there is) no doubt about that. Some of us bow before him for his supreme sacrifice," the bench said.

Singhvi said, "Netaji has only one child, and the sole heir is Ms Anita, who lives in Austria."

The court, however, said she is not the petitioner.

“Let the heir come before us, if the heir wants the ashes to be brought to our country, the heir must come before us," the bench said.

“We respect her sentiments and we would ensure her sentiments are translated into legal action. But she must step forward. Because there are differences to our knowledge in the family itself regarding the incident occurred,” the bench said.

Singhvi urged the court to allow Anita to speak and said the petitioner will file an additional affidavit from her.

“You know the timing also. Don’t compel us to say something," the bench told him.

Singhvi, however, claimed there was no timing issue. He said that she has been writing consistently.

He finally decided to withdraw the plea, saying the daughter will file a petition.