Calcutta High Court dismisses PIL against exclusion of West Bengal's Netaji tableau for Republic Day

The Calcutta High Court on Monday dismissed a petition seeking directions to the Central government to allow West Bengal's tableau of Netaji Subhas Chandra Bose for the Republic Day parade at New Delhi parade this year [Rama Prasad Sarkar v Union of India].A Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj, dismissed the petition stating that the petitioner approached the Court at a belated stage i.e. two days before Republic Day."The writ petitioner has belatedly approached this Court. As the Republic Day celebration is day after tomorrow, therefore, at this stage, no effective direction can be issued. Hence, no case for interference in the present writ petition is made out which is accordingly dismissed," the Court ordered. .The petitioner submitted that this year marks the 125th birth anniversary of Netaji Subhas Chandra Bose but the Central government rejected the West Bengal tableau themed on Netaji Subhas Chandra Bose and Indian National Army, without assigning any reason..Additional Solicitor General (ASG) YJ Dastoor appearing for the Central government, submitted that the plea should not be entertained as the same was filed in contravention to Rule 20 of the Rules of the High Court at Calcutta relating to application under Article 226 of the Constitution, and that no demand of justice was made by the petitioner before filing the present petition.Further, he stated that the petitioner furnished incorrect affidavit by mentioning that the facts stated in the writ petition were true to his knowledge though the petition was based on newspaper cuttings. He submitted that though Netaji Subhas Chandra Bose was ignored by the earlier governments, the present government is treating Netaji as an icon and recognising his contribution in hastening the process of Independence."23rd January, the birth anniversary of Netaji, has already been declared “Parakram Diwas” and the Central Government is celebrating Netaji’s birth anniversary from 23rd January to 30th January and that a hologram of Netaji has been put at India Gate which will be replaced by statue of Netaji in August, 2022," the ASG submitted.The ASG submitted that so far as reasons for rejection are concerned, if the State wants, the same can be duly supplied and that the decision to exclude a tableau is taken as per existing rules..The Court took into consideration all the arguments, and ruled against the petitioner and dismissed the petition.Advocate General SN Mookherjee represented the State.Besides ASJ Dastoor, advocates Phiroze Edulji and Debjani Ghoshal represented the Central government..[Read Order]