Delhi HC declines plea seeking INA martyrs’ memorial at Red Fort

The petitioner relied on a written reply given by the Centre in the Lok Sabha on August 2, 2021, stating that proposals had been approved as part of the commemoration of Netaji Subhas Chandra Bose’s 125th birth anniversary, including the establishment of a memorial at the Red Fort for INA martyrs.

The court, however, questioned how a direction could be issued to the government to implement a proposal concerning the construction of a memorial.

The Bench also said a government proposal or announcement through a Press Information Bureau (PIB) release does not, by itself, create an enforceable legal right. It further observed that the court could not direct the Centre to allocate land or implement a policy decision relating to the construction of a memorial.

The court disposed of the petition while granting the trust liberty to submit an exhaustive representation to the concerned authorities.

It directed that if such a representation is submitted, the authorities shall consider and decide it in accordance with law and applicable rules.