JUDGEMENT
DEVI PRASAD SINGH, J. -
(1.) SOME people born with greatness, some acquire greatness but
there are some, though born with greatness but supplement their
personalities by their good deeds become outstanding, leaving
indelible ink in the time frame of history. The political, religious, social,
economic and cultural phenomenon are exploited by such
personalities and remoulded in national and social interest. Netaji
Subhas Chandra Bose (in short, Netaji) was such a great personality
in his own right and was a beacon across the world. It was he who
filled the young generation under colonial rules with the ferver of
nationalism. Someone may agree or not but Netaji Subhas Chandra
Bose defined the nationalism in his own way and taught to fight for the
cause of nation till last breadth of life.
Netaji may be glorified from a couplet of Kalidasa, to quote :
"Even His perceivable greatness is inscrutable. But His true glory as indicated by revealed scriptures and devout cogitation is beyond even our imagination"
(2.) IN Indian history, Netaji Subhas Chandra Bose is the only leader whose time of death in public mind is not certain even till date.
Different Commissions appointed by the government and finding
recorded thereon could not touch the peoples "heart and sentiments"
and make them believed that Netaji died in air crash in 1945. Last
controversy with regard to his survival relates to a person, namely
Gumnami Baba or Bhagwanji who lived in the city and District
Faizabad for more than three years and alleged to have left for
heavenly abode on 18.9.1985 and cremated at Guptarghat in city
Faizabad, U.P. It is believed that Gumnami Baba was Netaji Subhas
Chandra Bose who took last breadth in city Faizabad. Without
entering into the controversy or identity of the person (Gumnami
Baba) or recording a finding thereon, it shall be appropriate to look
into the dispute raised before this Court.
One Gumnami Baba alias Bhagwanji had lived in a house, namely 'Ram Bhagwan', in city and District Faizabad for more than
three years. It is said that during the period of his stay in city
Faizabad, U.P. several prominent persons, friends and relatives of
Netaji used to visit Gumnami Baba at Faizabad. It was common
perception that Gumnami Baba was Netaji Subhas Chandra Bose
who was leading estic life being dischanted with politics/public life.
(3.) AFTER the death of Gumnami Baba on 18.9.1985, there arose lot of dispute with regard to household goods of Gumnami Baba. The
real niece of Netaji Subhas Chandra Bose Ms. Lalita Bose and two
others have filed Writ Petition No.929(M/B) of 1986 in this Court with
the prayer that appropriate enquiry may be conducted with regard to
Gumnami Baba and inventory be prepared by an Advocate
Commissioner of the goods of Gumnami Baba lying in Ram Bhawan,
Faizabad and it should not be auctioned. It was further prayed that
the goods may be handed over to National Archives for its proper look
after evaluation and preservation.;
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