No fundamental right: Delhi High Court on PIL alleging government failed to act on promise for INA memorial

The Delhi High Court on Wednesday refused to pass orders to establish a memorial for Subhash Chandra Bose's Indian National Army (INA) in Delhi's Red Fort.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the Court cannot issue such a direction in a public interest litigation (PIL) petition.

It also pulled up the organisation named Mahan Swantantrata Senani Lalti Ram Trust for arguing that the government's failure to establish the memorial violated their fundamental rights under Articles 21 and 14 of the Constitution.

The Bench noted that the PIL was based on a press release issued by the Central government in 2021 in which it was stated that a memorial would be established at Red Fort for the martyred INA soldiers.

"The announcements made through PIB press releases, in our opinion, do not, in itself, can form the basis of seeking any right," the Court said.

It added that the erection of a memorial is the discretion of the government.

"Whatever makes you feel good does not become subject matter of PIL. Erection or no erection of a memorial is the discretion of the government. Courts can’t interfere. Whether or not to create a memorial can’t be a debatable issue before a court of law," the Bench remarked.

The Court then granted the petitioner liberty to file a representation before the government. The Bench added that if a representation is made, the government should consider it and pass a reasoned order.

Reflecting on the limitations of the writs, the Court added,

“Ye kaun nhi chaahega ki Hindustan swarg ho jaae to kya ham mandamus jaari kar dein? (Who wouldn't want India to be heaven, but should we issue a mandamus for that to be done?)”