‘Where is the proof?’ Supreme Court declines petition to repatriate Netaji Subhas Chandra Bose’s ashes from Japan

The Supreme Court on Thursday declined to hear a petition seeking the return of Netaji Subhas Chandra Bose’s remains. The petition, filed by Bose’s grand-nephew Ashis Ray, requested orders to repatriate ashes currently kept at Tokyo’s Renkoji Temple.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi expressed reluctance to entertain the case. Following this, senior counsel Abhishek Singhvi, representing the petitioner, withdrew the filing.

The bench permitted him to withdraw the petition.

The court’s observations

"I am appearing for the family members who want a decent end to the mystery of the ashes," Singhvi told the bench. However, the Chief Justice questioned why this matter keeps returning to the courts. The bench noted that a similar case was rejected just last year.

The Chief Justice also raised questions regarding the authenticity of the remains. "First of all, where are the ashes? What is the proof?" the CJI asked. He added that while the nation bows to Netaji’s sacrifice as a great leader, legal proof remains a hurdle.

Singhvi argued that this specific issue had not been raised before the court.

He added that the documentation shows that every Indian head of state who has visited Japan has paid their respects at Renkoji Temple. Singhvi said earlier court proceedings had focused primarily on determining whether Bose had died.

“That is inference. Until and unless he dies, there cannot be ashes,” the bench observed.

The court also asked how many members of Bose’s family supported the plea.

Singhvi said Bose has a single direct heir, his 84-year-old daughter Anita Bose Pfaff, and that the petitioner is a grand-nephew. He added that she attended the proceedings virtually.

“She is not before us,” the bench said, adding that if the heir wanted the ashes to be brought to India, she should approach the court directly.

“We respect her sentiments and would ensure that they are translated into legal action. But she must step forward,” the bench said.

The court also noted that there were differences within Bose’s family regarding the circumstances surrounding his death.

Anita Bose Pfaff’s earlier appeal

On Netaji’s birth anniversary in January this year, Anita Bose Pfaff urged Indians to support the transfer of his mortal remains to India for final rites.

In a statement, she paid tribute to Netaji and said: “As Netaji’s daughter, I invite Indians who still revere him to support his posthumous return from exile and the transfer of his mortal remains to India for a final and fitting disposal.”

She also highlighted his role in India’s freedom struggle, recalling key moments of his political life.

“My father dedicated his life to the quest for India’s freedom from British rule. He refused to accept a commission in the Indian Civil Service despite passing the examination with distinction. He spent 20 years with the Congress movement for independence and was twice elected its president.

“When he concluded that remaining in India meant imprisonment and an inability to continue the struggle, he made a daring escape to Germany and Italy. When the fortunes of war changed in Europe, he travelled to the Far East by German and Japanese submarines. From Singapore, he took command of the Indian National Army and proclaimed a Provisional Government of Free India,” she said.