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Will ban you: Supreme Court to man who sought declaration that Subhash Chandra Bose secured India's independence

The Court criticised the petitioner for approaching it again on this matter, despite a similar plea being dismissed in 2024.

Debayan Roy

The Supreme Court on Monday dismissed a petition seeking directions to "declassify the actual truth report" of India's independence from colonial rule and declare that it was the Indian National Army (INA) led by Subhas Chandra Bose that actually won it [Pinakpani Mohanty v. Union of India].

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi observed that the Court cannot delve into such issues.

The Court also criticised the petitioner for approaching it again on this matter, despite a similar plea being dismissed in 2024.

"You had earlier also filed a similar plea?" CJI Kant remarked.

"Yeh baar alag hai (this one is different)," the petitioner, Pinakpani Mohanty, replied.

The Court, however, was not inclined to entertain the plea further. The Bench also warned that it would ban the petitioner from approaching the Court if he continued filing frivolous petitions.

"Entry ban karwa denge tumhara Supreme Court mein ab. Pehle bhi same plea dismiss kar chuke hai (We'll ban you from the Supreme Court, a similar plea was dismissed earlier as well)," the Court said.

Justice Surya Kant and Justice Joymalya Bagchi

The plea before the Court had sought directions to credit India's independence from British colonial rule to revolutionaries who did not follow Ahimsa (peaceful methods to resist colonial rule as advocated by Mahatma Gandhi) and the INA led by Netaji Subhas Chandra Bose.

The other related prayers made in the petition included:

- directions to declare that Azad Hind Fauj's/ INA's foundation day - October 21, 1943, is to be observed as National Day, as a mark of tribute to the 26,000 soldiers of Netaji's INA who died for Indian Independence.

- directions to declassify the actual truth report of Indian Independence in 1947, about how Britishers left India and for what reasons, including the role of all Krantikaries (revolutionaries ) who did not follow Ahimsa, including Netaji's Azad Hind Fauj, as well as a report of the mutiny of then Indian soldiers, Navy, Air Force, Army, and civilians in 1946-1947, etc.

- directions to declare Netaji Subhas Chandra Bose as the 'National son' officially, to observe his birthday as 'National Day' and to honour his birth place (Cuttack in Odisha) with a National museum.

- directions to declare Neera Arya (INA's first female spy) as 'National daughter' and to observe her birthday as 'National Day.

The Court flatly refused to delve into such issues and dismissed the petition today after criticising the petitioner for repeatedly filing such pleas.

"It seems to us that the petitioner indulges in such activities for popularity. The factual issues cannot be determined on the judicial side," the Court said.

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