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The Delhi High Court on Wednesday declined to entertain a public interest litigation seeking establishment of a dedicated memorial for Indian National Army (INA) martyrs at the Red Fort, observing that the decision to erect a memorial and allocate land for it falls within the domain of the government.
A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia questioned the legal basis of the plea and said a writ of mandamus could not be issued merely to compel the government to implement a proposal for construction of a memorial. The petition was filed through advocates Naveen Bamel and Manav Trivedi. The PIL was filed by the Mahan Swatantra Senani Lalti Ram Trust, which sought directions to the Centre to take steps for setting up the memorial at the Red Fort in recognition of the contribution and sacrifice of INA personnel in Indias freedom struggle. During the hearing, the bench asked the petitioners counsel to explain the basis for seeking a writ of mandamus. The bench further questioned how the court could direct the government to allocate land at the Red Fort and erect a memorial when the construction of such a structure was not linked to any enforceable legal duty or right. Erection of a memorial is not linked to any duty or right. How can we pass such a direction? the court observed. The bench also questioned the petitioners reliance on Article 21 and the concept of dignity, observing that the petitioner would have to establish some constitutional basis or violation of a fundamental right for issuance of a writ. The Chief Justice remarked that whether or not a memorial should be erected in honour of a particular person or group was not a matter that could ordinarily be adjudicated through a writ petition. The petitioner had relied upon a government statement before Parliament in 2021, according to which a proposal for establishing a memorial to INA martyrs at the Red Fort had been approved. It also relied on the historical association of the Red Fort with the INA trials and contended that the existing Netaji Subhas Chandra Bose Museum was distinct from a dedicated memorial for INA martyrs. However, the court observed that an announcement made through a PIB press release, by itself, cannot create an enforceable right. While disposing of the petition, the bench granted liberty to the Trust to approach the concerned Union Ministry with a detail representation along with supporting documents. The court directed that if such a representation is filed, the competent authority shall consider it and take a decision in accordance with law. The bench clarified that its observations while disposing of the PIL should not be treated as an opinion on the merits of the claims raised by the petitioner. (ANI)
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