1998 Supreme(Cal) 201

High Court Of Calcutta
P. S. MISHRA, S. B. BHATTACHARJEE
RUDRA JYOTI BHATTACHARJEE - Appellant
Versus
UNION OF INDIA - Respondent
W. P.  281  Of  1998
Decided On : 04/30/1998

Declassification and disclosure of sensitive documents cannot be insisted upon unless it is satisfied that such disclosure would not be against the interest of India's sovereignty, security, friendly relations, public order, decency, morality, contempt of court, defamation, or incitement to an offense.

Headnote:

SUBHASH CHANDRA BOSE - DOCUMENTS DECLASSIFICATION - WAR CRIMINAL - ENQUIRY COMMISSION - PUBLICATION PROHIBITION - FREEDOM OF SPEECH AND EXPRESSION: 1. Documents related to Netaji Subhas Chandra Bose and the Indian National Army cannot be declassified and disclosed unless it is not against the interest of India's sovereignty, security, friendly relations, public order, decency, morality, contempt of court, defamation, or incitement to an offense. 2. Netaji Subhas Chandra Bose is not a war criminal and any statement or document suggesting otherwise is a relic of the British Raj. 3. Government of India should launch a vigorous enquiry, possibly through a Commission of Enquiry, to ascertain whether Netaji is dead or alive, the circumstances of his death (if dead), and his whereabouts (if alive). 4. Government should scrutinize and proscribe publications that touch upon Netaji's death or whereabouts if they disturb public order or incite violence. 5. Publication houses should seek prior permission from the Government before publishing anything on Netaji's death or whereabouts, and the Government should scrutinize such publications as per the guidelines laid down by the Court.

Fact of the Case:

Petitioner sought directions to the Government of India to declassify and disclose documents related to Netaji Subhas Chandra Bose, clarify whether he was still considered a war criminal, and prohibit publications claiming his death in a plane crash. The Court noted that the Government had previously stated that the reports of the Netaji Enquiry Committee and Commission of Enquiry were inconclusive and that further enquiry was needed.

Finding of the Court:

The Court held that declassification and disclosure of sensitive documents could not be insisted upon unless it was satisfied that such disclosure would not be against the interest of India's sovereignty, security, friendly relations, public order, decency, morality, contempt of court, defamation, or incitement to an offense. The Court also held that Netaji Subhas Chandra Bose was not a war criminal and that any statement or document suggesting otherwise was a relic of the British Raj. The Court directed the Government of India to launch a vigorous enquiry, possibly through a Commission of Enquiry, to ascertain whether Netaji was dead or alive, the circumstances of his death (if dead), and his whereabouts (if alive). The Court also directed the Government to scrutinize and proscribe publications that touched upon Netaji's death or whereabouts if they disturbed public order or incited violence. Publication houses were required to seek prior permission from the Government before publishing anything on Netaji's death or whereabouts, and the Government was to scrutinize such publications as per the guidelines laid down by the Court.

Issues: 1. Whether documents related to Netaji Subhas Chandra Bose and the Indian National Army should be declassified and disclosed. 2. Whether Netaji Subhas Chandra Bose was a war criminal. 3. Whether the Government of India should launch an enquiry to ascertain Netaji's death or whereabouts. 4. Whether publications touching upon Netaji's death or whereabouts should be scrutinized and proscribed.

Ratio Decidendi: 1. Declassification and disclosure of sensitive documents cannot be insisted upon unless it is satisfied that such disclosure would not be against the interest of India's sovereignty, security, friendly relations, public order, decency, morality, contempt of court, defamation, or incitement to an offense. 2. Netaji Subhas Chandra Bose is not a war criminal and any statement or document suggesting otherwise is a relic of the British Raj. 3. Government of India should launch a vigorous enquiry, possibly through a Commission of Enquiry, to ascertain whether Netaji is dead or alive, the circumstances of his death (if dead), and his whereabouts (if alive). 4. Government should scrutinize and proscribe publications that touch upon Netaji's death or whereabouts if they disturb public order or incite violence. 5. Publication houses should seek prior permission from the Government before publishing anything on Netaji's death or whereabouts, and the Government should scrutinize such publications as per the guidelines laid down by the Court.

Final Decision: The Court directed the Government of India to launch a vigorous enquiry, possibly through a Commission of Enquiry, to ascertain whether Netaji was dead or alive, the circumstances of his death (if dead), and his whereabouts (if alive). The Court also directed the Government to scrutinize and proscribe publications that touched upon Netaji's death or whereabouts if they disturbed public order or incited violence. Publication houses were required to seek prior permission from the Government before publishing anything on Netaji's death or whereabouts, and the Government was to scrutinize such publications as per the guidelines laid down by the Court.