'Jaiye Nahi Toh...': SC Declines PIL To Declare Netaji Won India's Independence, Warns Petitioner

New Delhi: The Supreme Court on Monday dismissed a public interest litigation seeking a declaration that freedom fighter Netaji Subhash Chandra Bose’s Indian National Army (INA) secured India’s independence.

The petitioner also sought to declare Netaji as the “National Son” and to observe 21 October 1943 (INA foundation day) and 23 January 1897 (his birth anniversary) as national days.

A bench led by Chief Justice of India (CJI) Surya Kant noted that a similar PIL filed earlier by the same petitioner had already been dismissed by the Court earlier, with the observation that such issues fall outside the scope of judicial review and may be taken up with the appropriate authority.

Expressing disapproval, the Court observed that despite its earlier stance, the petitioner had refiled the plea only to gain publicity. The CJI also cautioned the petitioner against filing such frivolous petitions in the future and warned of imposing costs.

“Ab aap jaiye nahi toh aur Cost laga dengey," (Go or we will impose cost), the CJI told the petitioner. The Court further directed its Registry not to entertain any PILs filed by the petitioner on similar issues.

Back in 2022, the Supreme Court had dismissed a similar PIL seeking direction to declare a national holiday on the birth anniversary of Netaji.

A bench of then Chief Justice of India DY Chandrachud and Justice JB Pardiwala rejected the plea, saying this is a matter for the Government of India to decide.

"The best way to celebrate his contribution is by working hard just like he worked hard for independence," Justice Chandrachud had said.

"You are making a mockery of the PIL jurisdiction. At least think about what the court can do. I am looking at the recent spate of such petitions. What will the Supreme Court do? Take the jurisdiction of the court seriously," he had added.

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