Eight decades after Netaji disappeared, his daughter backs plea in SC for return of ashes

“We make it very clear, we respect their sentiments, and we would ensure her sentiments are translated into legal action. But she must step forward,” Justice Bagchi told Senior Advocate A M Singhvi who appeared for the petitioner.

“Because there are differences, to our knowledge, in the family itself with regard to the incidents which occurred,” Justice Bagchi said.

Singhvi told the bench that Ray is Netaji’s grandnephew, and his petition has the “support” of Pfaff, Netaji’s sole heir.

“Let the heir come before us. It cannot be a fight behind the clouds. If the heir wants the ashes… to be brought back to the country, the heir must come before us,” Justice Bagchi said.

Singhvi pointed out that Pfaff was present online, and urged the court to hear her, but the bench was not inclined.

Ashes urn (Asthi Kalash) placed inside Renkoji temple. (Express Photo by Shyamlal Yadav)

The CJI pointed out that petitions regarding Netaji had come to the Supreme Court earlier too, and were dismissed. “How many times will this issue come to the Supreme Court?” he asked.

In November 2024, the top court had rejected a petition filed by a Cuttack resident who sought an inquiry into Netaji’s death. The court told him that the issue did not fall within the domain of judicial review.

Singhvi said the issue raised in the current petition was different, and it did not seek any declaration on Netaji’s death.

However, the CJI said the question of his death could arise “indirectly or directly”, and “we also understand why this petition is coming up again after it was dismissed last year.”

Justice Bagchi, too, said the question of ashes cannot arise unless the issue of death is discussed.

“First of all, where are the ashes? What is the proof?” the CJI asked.

Referring to the temple in Tokyo where the ashes are believed to be preserved, Singhvi said, “The fact that every Head of State from India, Prime Ministers, have paid obeisance to the Renko-ji temple is recorded.”

The CJI said, “First, we have to know how many surviving family members are there. He was the greatest leader of this nation… All of us bow before his supreme sacrifice.”

Singhvi said Pfaff is the sole heir.

A picture of the Renkoji Temple, Tokyo where Netaji’s, said to be ashes are preserved. (Express Photo by Shyamlal Yadav)

The CJI also questioned the “timing” of the petition. “…We know the timing also. Don’t compel us to say something,” he said.

Singhvi said, “There is no timing in this because she has been writing consistently… She has never said no.”

With the bench not inclined to entertain the plea, Singhvi sought permission to withdraw it, with the liberty to return with a fresh petition. The court agreed to the request.

Ray’s petition, filed through Advocate Ritika Vohra, stated: “Netaji’s remains were kept at Renko-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.”

“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,” it stated.

“The petitioner invokes the extraordinary jurisdiction of this Hon’ble Court under Article 32 to enforce fundamental rights arising from a continuing constitutional wrong: the Union of India’s prolonged failure to take a final, reasoned, and time-bound decision to repatriate (or at least facilitate repatriation) to India of the mortal remains/ ashes attributed to Netaji Subhas Chandra Bose, preserved at Renko-ji Temple, Tokyo, Japan, so that Netaji’s daughter and sole surviving heir and direct lineal descendant, Professor Anita Bose Pfaff, may perform final rites in India with dignity and finality,” it stated.