Supreme Court Dismisses Abhinav Bharat Congress Plea To Declare That Mistrial Happened In Mahatma Gandhi Assassination Case; Imposes Costs

On Friday, the Supreme Court was irked by a petition, inter alia, seeking directions to declare that the Bombay Public Security Measures (Delhi Amendment) Act, 1948 is ultra vires to the Constitution of India and its application in the Mahatma Gandhi Assassination case ( Rex v. Nathuram Godse And Ors), resulted in a mistrial.

The petition filed by Abhinav Bharat Congress through its President, Dr. Pankaj K Phadnis, also sought directions to the Union Government to form an empowerment Committee of eminent persons including representatives of Abhinav Bharat  for giving Overseas Scholarship to meritorious students for undertaking post graduate studies as envisaged by Veer Savarkar in 1944, in "partial atonement of injustice" done to Savarkar. It also seeks direction to respondents to issue a Public Apology to the younger brother of Mrs. Manorama Salvi Apte-, Dr. Balchandra Daulatrao Salvi, for the "custodial murder" of his brother in law, Narayan Apte.

Displeased by the nature of prayers sought in the petition, a Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah recorded in the order -

“Is is the most misconceived petition under Article 32 of the Constitution of India. Parties cannot walk into the Supreme Court with any prayer they want. Since it is a party in person we are still showing some concession and dismiss it with a cost of only Rs. 25000 to be deposited with the Supreme Court Advocates on Record Welfare Fund within four weeks.”

At the outset the Counsel appearing for the petitioner conceded - “I am not very happy with the prayers, but then it is the petitioner's personal matter.”

Justice Kaul remarked, “Then everyone can walk in under A. 32 petition, file whatever petition in this court…What is this? I think we should impose cost on all this. You cannot waste our time like this.”

The Counsel submitted that he would argue on the legal point “whether the hanging suffers from illegality, haste and malafide. If I could show the maladies."

Dissatisfied with his submission, Justice Kaul said, 

“You want to show the malafide of the incident after 75 years? There can be views on Vir Savarkar, there can be social issues. Don’t come under A.32 petition to get certificates from us.”

The Counsel clarified that the present petition does not involve Savarkar or Godse, but is in with respect to Narayan Apte.