1 week ago
Delhi High Court Closes Plea For Red Fort INA Memorial
A trust asked the Delhi High Court to order a memorial at the Red Fort for soldiers of the Indian National Army.
The trust said the government had announced the idea but had not built it after five years.
It argued that remembering the soldiers was connected to people’s dignity.
The court said deciding whether to build a memorial belongs to the government.
The judges said courts cannot order the government to provide land for such a project.
They also said a government announcement does not automatically create a legal right.
The case was closed.
The trust can still send a detailed request to the government, which must then decide it.
The Delhi High Court declined to direct the Centre to build an INA martyrs’ memorial at the Red Fort.
The court said erecting a memorial was a matter of government discretion, not a justiciable issue.
The petitioner argued that a five-year delay breached the constitutional right to live with dignity under Article 21.
The petition cited a 2021 parliamentary reply announcing proposals to commemorate Netaji Subhas Chandra Bose’s 125th birth anniversary.
The court closed the proceedings but allowed the trust to submit a detailed representation to the Centre.
- Who
- The Mahan Swatantrata Senani Lalti Ram Trust petitioned against the Centre; the case was heard by Chief Justice D.K. Upadhyaya and Justice Tejas Karia.
- What
- The Delhi High Court declined to order a memorial at the Red Fort for Indian National Army martyrs and closed the proceedings.
- Where
- The Delhi High Court considered a proposed memorial at the Red Fort.
- When
- The ruling was delivered on Wednesday; the petition referred to a proposal announced in 2021 and a five-year delay.
- Why
- The trust sought judicial enforcement of the government’s proposed memorial, while the court held that memorial construction was government discretion rather than a court-enforceable right.
Petitioner’s Position
Court’s Position
Whether the memorial can be judicially required
Petitioner’s Position
The trust argued that the government’s announced proposal, the historical importance of the Red Fort, and the dignity of INA martyrs justified a time-bound decision on the memorial.
Court’s Position
The court said building or not building a memorial is the government’s discretion, is not linked to a fundamental right or duty, and cannot be directed through a writ petition.
Effect of the government announcement
Petitioner’s Position
The trust cited the government’s statement in Parliament and earlier commemorative activities as grounds for seeking implementation of the proposal.
Court’s Position
The bench said a Press Information Bureau release about the proposal did not by itself establish a legal right to demand the memorial.
Key facts
- Court
- Delhi High Court
- Petitioner
- Mahan Swatantrata Senani Lalti Ram Trust
- Proposed memorial
- A memorial at the Red Fort for Indian National Army martyrs
- Relevant announcement
- The government’s proposal was cited in a written parliamentary reply in August 2021.
- Constitutional argument
- The petitioner invoked the right to live with dignity under Article 21.
- Court’s reasoning
- The bench said erecting a memorial was government discretion and not a justiciable issue.
- Next step
- The trust may submit a detailed representation to the Centre, which must take a decision.
Quotes
Delhi High Court bench
Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia
“Whatever makes you feel good does not become the subject matter of a writ petition. Erecting or not erecting a memorial is the discretion of the government, not courts. It cannot be a debatable issue before a court of law.”
deccanchronicle.com
“Erection of a memorial is not linked to any fundamental duty or right. How can we pass such a direction? How can we direct the government to allocate land in Red Fort?”
deccanchronicle.com
Sources
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