Garland Netaji Bose Statue, Play 'Kadam-Kadam Badhae Ja' Tune On Jan 23 As Per Govt Memorandum: Calcutta HC Seeks State Gov's Response In PIL

The Calcutta High Court on Tuesday sought the State government's response in a Public Interest Litigation (PIL) petition the issuance of directions to the State government to ensure garlanding of the statue of Netaji Subhash Chandra Bose in District Head Quarters and also to ensure that the tune of Kadam Kadam Badhaye Jaa is played on January 23 (Desh Prem Divas) every year in accordance with its 2011 memorandum.

It may be noted that January 23 is also known as Netaji Jayanti as he was born on 23 January 1897. The Central Government last year decided to observe Netaji Subash Chandra Bose's birth anniversary on January 23 every year as Parakram Diwas.

A Bench comprising Chief Justice Prakash Shrivastava and Rajarshi Bharadwaj was apprised by advocate Sayan Chattopadhyay appearing for the petitioner that the memorandum of the State government dated January 20, 2011 has not been given effect to since the year 2011. The memorandum stipulated that 'Desh Prem Divas' would be celebrated every year on January 23 by garlanding statutes of Netaji Subhash Chandra Bose in the District Head Quarters by the concerned District Magistrates, the Bench was informed further. 

The PIL moved by one Fareed Molah further averred, "That there was no garlanding of the statue of Netaji Subhas Chandra Bose in the District Head Quarters by the concerned District Magistrate on 23rd January in terms with the memorandum dated January 20, 2011 after the year 2011. Further, The Police Band, were available, did not play the tune of 'KADAM KADAM BARYE JAA' at the site being the District Head Quarter during the garlanding". 

Taking cognisance of the grievance raised, the Bench directed the counsel appearing for the State to obtain instructions in the matter and apprise the Court within a period of 2 days. 

"Affidavit of service has been filed by the petitioner. State prays for 2 days time to obtain instructions", the Court recorded in its order. 

Accordingly, the Court adjourned the matter for further hearing on January 21. 

Importantly, the PIL submits that the memorandum of the Government of West Bengal specifically states that on January 23, being Desh Prem Divas, the garlanding of the statues of Netaji in district headquarters has to be done and the tune of Kadam Kadam Badhaye Jaa has to be played where the police band is available.

The PIL has also stated that the petitioner had made several representations to the chief minister of the state to give effect to its 2011 memorandum, however, the PIL claims, no action, howsoever, was taken by the Government.

Case Title: Farid Mollah v. State of West Bengal and Anr 

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