ASHIM KUMAR BANERJEE,J. - (1.) PREFACE : Indian freedom struggle passed through violent and non-violent movement from time to time. We do not wish to enter into a debate, who should be given the credit for our freedom, the non-violent movement under the leadership of the father of the nation or the violent one. If people would like to give credit to the non-violent movement they would have sound logic behind it. Yet, no one could ignore the relentless fight of the youths of India to put the British administration in difficulty many a times through violent movement, rather it was a fall out of continuous oppression and torture that the British administration inflicted on our predecessor. Netaji Subhas Chandra Bose was one of the pioneers of our non-violent movement and ardent follower of the father of the nation. However, in 1939 he left the Congress and organized the Indian youth to fight out the British administration. The Second World War helped him in this regard when he joined the opposing force of British with his disciplined force commonly known as 'INA '. He left the country and went underground and fought the British from outside. We ultimately got freedom in 1947. Sixty-six years have passed thereafter. We feel ashamed, we do not know his whereabouts. By the long passage of time, any prudent man would agree, he is no more in this world. How did he die? What did he do since we last heard him on the Radio? Being the citizen of the world 's largest democracy, each one of us has a birth right to ask the Government to let us know about him and how he died. Three Commissions could not answer the query, was the Government sincere? or despite their best efforts and sincerity they could not find out the cause. With this mindset, we proceed to dispose of the present litigation pertaining to our great Hero. BACKDROP :
(2.) AFTER the India became independent the democratic Government of the country appointed a Commission called 'Shah Nawaz Committee ' in April 1956 to find out the whereabouts of Netaji. The 'Shah Nawaz Committee ' could not effectively answer the reference. The Government again appointed 'Khosla Commission of enquiry ' in 1970 to enquire into and report to the Government on the circumstances concerning the departure of Netaji from Bangkok on or about August 18, 1945 and reported death in the plane crash and the subsequent development thereto. The second Commission also failed to answer the reference. The Government did not proceed any further. This caused annoyance to the members of public. On January 22, 1992 the President of India decided to award Bharat Ratna to Netaji posthumously that created a tremendous discontent amongst the members of the public as the Government took Netaji to be dead. Sri Bijon Ghosh, an advocate of this Court filed a Public Interest Litigation that ultimately reached the Apex Court. The Apex Court however recorded the concession of the Central Government who ultimately dropped the idea of giving the posthumous award to Netaji. The Apex Court recorded, "since no further steps have been taken pursuant to the press communique and the matter is treated as closed, we declare that the press communique should be treated as cancelled ". The Government had to backtrack and withdraw the notification. Subsequently, another Advocate of this Court Mr. Rudrajyoti Bhattacharjee along with another, filed Public Interest Litigation being WP No. 281 of 1998 inter alia praying for various directions on the alleged research being conducted by Netaji Research Bureau and for classification and disclosure of all documents relating to Netaji as also his nexus in the Second World War. The Division Bench of our Court disposed of the writ petition by directing the respondent administration to launch a vigorous enquiry in accordance with law by appointing a Commission of Enquiry to find out whether he was dead or alive, and in case, he was dead, the cause of death as also to find out, whether the ashes that was kept at Renkoji Temple at Japan would belong to Netaji or not. The administration accepted the said order and appointed one-man enquiry Commission under the aegis of Monoj Kumar Mukherjee, a former Judge of the Apex Court to answer the following questions: (a) Whether Netaji Subhas Chandra Bose is dead or alive; (b) If he is dead, whether he died in the plane crash, as alleged; (c) Whether the ashes in the Japanese Temple are ashes of Netaji; (d) Whether he has died in any other manner at any other place and, if so, when and how; (e) If he is alive, in respect of his whereabouts.
(3.) THE Commission submitted its report on November 8, 2005. The detailed report in three volumes answered as follows : (a) Netaji Subhas Chandra Bose is dead; (b) He did not die in the plane crash, as alleged; (c) The ashes in the Japanese Temple are not of Netaji; (d) In absence of any clinching evidence a positive answer cannot be given; and (f) Answer already given in (a) above. ;