"Why Can't You File A Petition?" Supreme Court Refuses Suo Motu Action Against MP Nagendra Ray Over Netaji Subhas Chandra Bose Remarks
Refusing the request, Supreme Court has clarified suo motu action is meant for cases involving larger public interest concerns.
Supreme Court declined to take suo motu cognisance of alleged derogatory remarks against Netaji Subhas Chandra Bose.
The Supreme Court today declined to initiate a suo motu case over remarks made by Rajya Sabha MP Nagendra Ray against Netaji Subhas Chandra Bose.
A Bench of Chief Justice of India Surya Kant Justice Joymalya Bagchi and Justice V Mohana told the lawyer, who mentioned the matter, to file a petition instead.
"May I bring to Your Lordships' urgent attention an extremely unfortunate event for taking suo motu cognisance.. A Member of Parliament of the Rajya Sabha, namely Nagendra Ray, claiming himself to be Anant Maharaj, has been making denigrating comments about Netaji Subhas Chandra Bose," the counsel said.
"Why can't you file a petition...you are well versed with the law..suo moto action is taken only when there is a serious cause such as environmental issue etc." the CJI asked in response.
"Suo motu action is only where there is a serious cause. In the issue of environment or forests, the forest will not speak. We have to take care of that. So we took action. There are marginalized sections, poor people, socially and economically backward people who can't come to the court. An 83-year-old woman and her blind son, we had to take suo motu because who will look after them if we do not? But here a competent lawyer is there. You know everything, and you want suo motu?" the CJI went on to add.
Addressing a meeting of the Greater Cooch Behar People's Association (GCPA) in Dinhata on July 19, Rajbanshi leader Roy claimed that Netaji did not have the "capability to organise and raise an army like the Azad Hind Fauj" and that it was actually a unit of British soldiers. “Did Netaji have the capacity to organise and form the Azad Hind Fauj? They were all British soldiers. The Indian National Army (INA) was misused,” further said the Rajya Sabha member of the BJP.
Addressing these statement, West Bengal chief minister Suvendu Adhikari has recently announced legal and police action against those who were “humiliating” India's revered freedom fighter on social media. “I urge those who have posted against Netaji to delete and apologise for their posts. It is not that you will get relief after deleting such posts. Police will take action under specific sections of the law,” the chief minister said at Nabanna.
The controversy has triggered sharp reactions from political parties, civil society groups and members of the Rajbanshi community, with critics describing the remarks as disrespectful and historically inaccurate.
The issue has also sparked calls for legal action and public protests in parts of West Bengal. Senior BJP leader Tathagata Roy recently cautioned that repeated insults to Netaji could alienate Bengal's voters, highlighting the sensitivity of Bose's legacy in the state.
In related news, just two days back, the Supreme Court agreed to hear a plea filed by Anita B. Pfaff, daughter of Netaji Subhas Chandra Bose, seeking directions to bring back his mortal remains from Japan.
Mentioning Date: August 13, 2026
Bench: CJI Kant, Justice Bagchi and Justice Mohana