The Delhi High Court on Wednesday refused to hear a public interest litigation (PIL) seeking to build a memorial dedicated to the contribution and sacrifice of martyrs of the Azad Hind Fauj (INA) at the Red Fort. The petition demanded that a separate memorial be established at the historic Red Fort in Delhi to honor the contribution of the Azad Hind Fauj in India's freedom struggle. During the hearing of the case, Delhi High Court said that constructing a monument and providing land for it comes under the jurisdiction of the government. The Court refused to interfere in such a policy decision.
A bench of Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia said that the central government can decide whether a memorial should be built at the Red Fort or not. The court made it clear that the court cannot interfere in such a policy decision. This PIL was filed on behalf of the great freedom fighter Lalti Ram Trust. The Trust, in its petition, had demanded that a dedicated memorial be built at the Red Fort to give due recognition and respect to the soldiers of the Azad Hind Fauj (INA) who contributed to India's freedom struggle. The petition sought directions from the Delhi High Court to the Union Ministry of Culture, Defense Ministry and Archaeological Survey of India (ASI) to take necessary and expeditious steps for the construction of the memorial.
Cited the Lok Sabha answer of 2021
It was argued on behalf of the Trust that the Central Government itself, in a written reply given in the Lok Sabha on August 2, 2021, had informed about the approval of several proposals related to Netaji Subhash Chandra Bose. According to the Trust, these proposals also included the proposal to build a memorial for INA martyrs in the Red Fort. On this basis, the petitioner had asked the court to direct the Central Government to take necessary steps towards the construction of the memorial.
'Making a memorial is not a matter of any responsibility or right'
During the hearing, the bench said that the construction of the memorial is not a matter related to any legal right or responsibility of the government for which the court can issue orders. The Chief Justice questioned that when building a memorial is not a matter involving any right or responsibility, how can the court issue such a direction. The Chief Justice also said that whether a memorial should be built in honor of a particular person or group is not ordinarily a matter on which judicial decision can be given through a writ petition.
Court also raised questions on the basis of Article 21
The bench also questioned the reliance placed by the petitioner on Article 21 of the Constitution and the principle of dignity. The court said that for the writ to be issued the petitioner must establish some clear constitutional ground or violation of a fundamental right. Disposing of the petition, the bench said that the announcements made through press releases of PIB cannot in themselves become the basis for demanding any legal right. The court refused to give instructions to build the memorial on this basis also. However, the bench has given liberty to the petitioner to approach the concerned Union Ministry and submit a detailed representation along with all the documents. That means the Trust can formally present its demand before the Central Government. The bench also clarified that the observations made by the court while disposing of the PIL should not be construed as the court's opinion on the merits of the claims made by the petitioner.
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