On Monday, November 14, 2022, the division bench of the Supreme Court dismissed a petition seeking the declaration of a national holiday on the birth anniversary of Netaji Subhash Chandra Bose. The petition also sought directions to raise a memorial hall and museum for Netaji Subhash Chandra Bose in New Delhi and other state capitals. A bench comprising CJI DY Chandrachud, and Justice J.B. Pardiwala junked the petition filed as a public interest litigation under Article 32 of the Constitution.
The Court suggested celebrating by working hard the way Bose worked for independence instead of seeking a holiday. Stating that the petitioner was making a mockery of the PIL jurisdiction, it dismissed the petition. "You can celebrate it by working hard just like how he worked hard for independence...You are making a mockery of the PIL jurisdiction. You like blue skies and then you will come in PIL saying you want blue skies? At least think what the court can do....The 3 minutes that we spent on your petition could have got relief for another litigant you see. Sorry dismissed,"
While closing the matter, the displeased CJI told the counsel to understand the gravity of the jurisdiction of the Apex Court. He advised the Counsel that before filing a petition, he should consider whether the issue raised in the petition can be resolved by the courts, and then file the petition.
Case Title: K.K. Ramesh v. UoI And Ors.
Citation: WP(C) No. 806/2022
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