Delhi HC declines PIL to erect memorial for INA martyrs at Red Fort

A Bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia said the decision to establish a memorial fell within the domain of the government. File. | Photo Credit: Getty Images/iStockphoto The Delhi High Court on Wednesday (September 30, 2026) declined to entertain a plea seeking directions to the Centre to construct a memorial at the Red Fort in honour of the martyrs of the Indian National Army (INA).A Bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia, hearing a public interest litigation (PIL) petition filed by the Mahan Swatantrata Senani Lalti Ram Trust, said the decision to establish a memorial fell within the domain of the government.“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,” the Bench told the petitioner’s counsel.The petitioner argued that the Centre had announced its intention to establish a memorial for INA martyrs at the Red Fort but had taken no further action despite the passage of five years.The court, however, questioned the legal basis for directing the government to act on the proposal.“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?” the Bench asked.It also noted that a Press Information Bureau (PIB) release concerning a government proposal could not, by itself, create an enforceable right or provide grounds for a writ of mandamus.The court accordingly closed the PIL, while granting the petitioner liberty to submit a comprehensive representation to the Centre.According to the petition, the Centre had informed Parliament in August 2021 that proposals were being considered as part of the commemoration of Netaji Subhas Chandra Bose’s 125th birth anniversary, including the establishment of a memorial at the Red Fort for INA martyrs.The plea said the government had already commemorated Netaji and the INA at the Red Fort and established a museum dedicated to Netaji.The petitioner contended that the site was closely associated with the INA trials and India’s freedom struggle, and that the proposed memorial was intended to preserve the memory of soldiers who died during the INA’s campaign. Published - September 30, 2026 07:52 pm IST