The Supreme Court on Thursday refused to hear a plea seeking the return of Netaji Subhas Chandra Bose’s remains. The petition, filed by Bose’s great-nephew Ashis Ray, sought orders to repatriate the ashes, which are currently kept at Tokyo’s Renkoji Temple.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi expressed reluctance to take up the case. Following this, senior counsel Abhishek Singhvi, representing the petitioner, withdrew the submission.
The court allowed him to withdraw the lawsuit.
Statement of the court
“I am appearing for the family members who want a dignified end to the mystery of the ashes,” Singhvi said. But the Chief Justice questioned why the matter kept coming back to the courts. The bench noted that a similar case was dismissed just last year.
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The presiding judge also raised questions about the authenticity of the remains. “First of all, where are the ashes? What is the proof?” asked the CJI. He added that while the nation bows before Netaji’s sacrifice as a great leader, legal proof remains a hurdle.
Singhvi argued that this particular issue was not raised in court.
He added that documentation shows that every Indian head of state who has visited Japan has paid respects at Renkoji Temple. Singhvi said the earlier court proceedings were mainly focused on whether Bose had died.
“That is the conclusion. Until and unless he dies, there can be no ashes,” the bench noted.
The court also asked how many members of Bose’s family supported the suit.
Singhvi said that Bose has only direct heir, his 84-year-old daughter Anita Bose Pfaff, and that the petitioner is a great-nephew. He added that she participated in the meeting virtually.
“It is not before us,” the judge said, adding that if the heir wanted the ashes brought to India, she should approach the court directly.
“We respect her feelings and will ensure that they are translated into legal action. But she must come forward,” the bench said.
The court also noted that there were differences in Bose’s family regarding the circumstances of his death.
Anita Bose Pfaff’s earlier appeal
On Netaji’s birth anniversary in January this year, Anita Bose Pfaff appealed to Indians to support the transfer of his remains to India for the final rites.
In a statement, she paid tribute to Netaji, saying, “As Netaji’s daughter, I call upon Indians who still revere him to support his posthumous return from exile and the repatriation of his mortal remains to India for final and befitting disposal.”
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She also highlighted his role in India’s freedom struggle and recalled key moments of his political life.
“My father devoted his life to the quest for the liberation of India from British rule. He refused to accept a commission in the Indian Civil Service, despite passing his examination with distinction. He spent 20 years in the Congress independence movement and was twice elected its president.”
“When he concluded that remaining in India meant imprisonment and the inability to continue the fight, he made a daring escape to Germany and Italy. When the fortunes of war in Europe turned, he traveled to the Far East in German and Japanese submarines. He took command of the Indian National Army from Singapore and proclaimed the Provisional Government of Free India,” she said.
