The Supreme Court declined a request to take suo motu cognizance of alleged derogatory remarks made by BJP Rajya Sabha MP Nagendra Roy describing freedom fighter Netaji Subhas Chandra Bose as a “war criminal”.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana was approached seeking the Court’s intervention over the alleged remarks.
The Bench questioned why the matter required suo motu proceedings when an independent legal remedy was available to the person seeking intervention.
Chief Justice Surya Kant observed that the applicant was well-versed with the law and could approach the Court through an appropriate petition instead of seeking the exercise of the Court’s extraordinary suo motu jurisdiction.
The Court indicated that such jurisdiction is generally invoked in circumstances involving compelling public causes, particularly where affected persons may lack the means or ability to approach the judiciary themselves.
The Bench referred to instances where the Supreme Court has intervened suo motu to protect vulnerable or marginalised individuals who may otherwise be unable to seek judicial assistance.
Against this backdrop, the Court found no justification for initiating suo motu proceedings in the present matter. It accordingly declined the request while leaving it open to the concerned party to pursue the appropriate legal remedy in accordance with law.
The proceedings arose from controversy surrounding the alleged description of Netaji Subhas Chandra Bose as a “war criminal” by the BJP parliamentarian. The remarks had prompted a request for immediate judicial intervention by the Supreme Court.
The Court’s decision does not foreclose other legal proceedings concerning the alleged remarks. Instead, the Bench made clear that any person seeking judicial redress could invoke the Court’s jurisdiction through a properly instituted petition.
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