LALITA BOSE Vs. STATE OF U.P.

JUDGEMENT

(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 :

(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.

(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.