Subhas Chandra Bose's daughter joins Supreme Court hearing via VC in plea to bring her father's ashes to India

The Supreme Court on Thursday said that it was not inclined to entertain a plea for the return of ashes alleged to be those of freedom fighter Subhas Chandra Bose from Japan to India, unless his daughter, who is his sole heir, steps forward and files a petition for it.

The Court was not in favour of hearing a plea filed in the matter by the freedom fighter's grand-nephew, journalist Ashish Ray.

Ray had challenged the Central government's failure to decide on repatriating the ashes from Tokyo’s Renkō‑Ji Temple, so his daughter Anita Bose Pfaff may perform Bose's last rites in India.

A Bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi today assured that the Court has the greatest respect for Bose but added that such petitions have been filed in the past and the apex court cannot keep entertaining multiple petitions on the same issue from various family members.

"How many times will this issue come to court? He was the greatest leader of our nation. We all bow down to his supreme sacrifice. But how many family members?" CJI Kant asked.

Representing Ashish Ray, Senior Advocate AM Singhvi informed the Bench that Bose's daughter has also joined the court hearing through video conference and is in support of the petition.

"So many Indian prime ministers have paid respects at the temple. The daughter is here on the screen, Ms Anita," Singhvi said.

The Court then hinted that it would be more inclined to entertain the plea if she were to file the petition.

"Let the heir come to court and seek this. We respect her sentiments and we will ensure her sentiments are made into legal action. But let her come to court," Justice Bagchi said.

"This is not the timing for such a plea also," CJI Kant said, on Ray's plea.

The plea was eventually withdrawn with liberty to approach the Court again on the matter.

"Allow me to withdraw with liberty," Singhvi said.

"Alright," replied CJI Kant.

Netaji Subhas Chandra Bose is believed to have died in an air crash in Taihoku (Taipei) in August 1945, while he was in exile from British-ruled India. His mortal remains - ashes from the air crash - are alleged to have been transported to Tokyo for temporary preservation at a temple there, but have continued to remain there to date.

"Netaji’s remains were kept at Renkō-Ji Temple 'for a few months' but have remained there for over 80 years – preserved and honoured by successive head priests – forming a continuing state of affairs of 'posthumous exile' and non-closure for Netaji’s now late wife and daughter Professor Anita Bose Pfaff," stated the plea filed by the grand-nephew of the late freedom fighter.

The plea added that while there have been divergent views on the timing of Netaji's death, several inquiry commissions have agreed that the ashes preserved at the Renkō-Ji Temple are indisputably those belonging to the freedom fighter.

The plea also highlighted Anita Bose Pfaff’s repeated appeals for the return of these ashes to India so that Netaji's final rites can be held in India with the dignity he deserved.

"The petition is fully endorsed by Netaji’s daughter and sole surviving heir Professor Anita Bose Pfaff, including by her most recent statements on her father’s ashes and her desire expressed therein that these be brought to India for final rites with dignity and finality ... The Petitioner only seeks time-bound repatriation of Netaji’s ashes by the Government of India or in the alternative facilitation to the Petitioner and Professor Anita Bose Pfaff to repatriate the ashes of Netaji from Japan to India," the plea filed through advocate Ritika Vohra stated.