The Supreme Court on Thursday declined to take suo motu cognizance of alleged derogatory remarks made about freedom fighter Subhas Chandra Bose by BJP Rajya Sabha MP Nagendra Roy, observing that the applicant was himself well-versed in law and could approach the Court by filing an appropriate petition.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was approached by counsel seeking suo motu cognizance of the alleged remarks of calling Netaji Subhas Chandra Bosh a “War Criminal”.
The CJI questioned the need for invoking the Court’s suo motu jurisdiction when a legal remedy was available and accesible.
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“You are yourself well versed with the law, why do you want suo motu? Why can’t you file a petition? Suo moto action is taken only when there is a serious cause such as environmental issue etc….There are some people who are marginalized – poor people, socially economically backward people, who can’t come to the court. 83 year old woman and her blind son. We had to take it because who will look after if we do not do that. But in this case a competent lawyer is very much there.”
The Court therefore declined the request for suo motu intervention, leaving it open to the concerned party to pursue the appropriate legal remedy via filing a petition.