NEW DELHI: The Supreme Court on Thursday refused to entertain a petition filed by Netaji Subhas Chandra Bose’s nephew, seeking directions to return to India ashes believed to be Bose’s from Renkoji Temple in Tokyo.
After a bench of Chief Justice Surya Kant and Justices Joymalia Bagchi and Vipul M Pancholi showed its unwillingness to entertain the petition, senior advocate Abhishek Singhvi, representing the petitioner Ashis Rai, sought permission to withdraw it.
The court allowed him to withdraw the petition.
“I am representing the family members who want to give proper peace to the ashes,” Singhvi initially told the bench.
The CJI asked how often this issue would come up before the Supreme Court.
Last year itself, the Supreme Court had rejected one petition, the bench said.
Singhvi said this was not the issue that came before the court earlier.
“First, where is the ashes? What is this evidence?” The CJI said, adding that Bose was one of our nation’s greatest leaders and we all bow down to his sacrifices.
Singhvi said that it has been recorded that every head of state from India has celebrated at Renkoji Temple in Japan.
He said that the matter addressed by the Supreme Court earlier related to declaring whether Bose was dead or not.
“That is the inference. Until he dies, and unless he dies, there can be no ashes,” the bench noted.
“First, we would like to know how many family members support this,” the council asked.
Bose has only one heir, his 84-year-old daughter, and the petitioner is his elder nephew, Singhvi said.
“It is not before us,” the council said, adding that if the heiress wanted to bring the ashes into the country, she would have to come before her.
Singhvi said the daughter was appearing virtually in court.
“We respect her feelings and will ensure that her feelings are translated into legal action. But she must come forward,” the council said.
She said: “There are disagreements, as far as we know, within the family itself regarding the incident that occurred.”
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