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Delhi HC Refuses to Order INA Memorial at Red Fort, Cites Government Discretion
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News18•30-09-2026, 15:45
Delhi HC Refuses to Order INA Memorial at Red Fort, Cites Government Discretion
- •The Delhi High Court declined to direct the Centre to erect a memorial for Indian National Army (INA) martyrs at the Red Fort.
- •The court stated that building a memorial falls under government discretion and is not a "justiciable issue" for courts.
- •A PIL by Mahan Swatantrata Senani Lalti Ram Trust argued that a five-year delay in building the memorial violated the right to live with dignity under Article 21.
- •The bench questioned how a Press Information Bureau (PIB) release on a government proposal could be the basis for seeking such a right.
- •The court closed the PIL proceedings, granting the petitioner liberty to make an exhaustive representation to the Centre for consideration.
Key Questions Answered
The Delhi High Court stated that erecting a memorial is the discretion of government authorities rather than a justiciable issue or a fundamental right, meaning courts cannot direct the government to allocate land or build it.
The trust filed the PIL because five years had passed without action after the government announced plans in August 2021 to build a memorial for INA martyrs at the Red Fort, which the petitioner argued violated the right to live with dignity under Article 21.
The court closed the proceedings while granting the petitioner the liberty to submit an exhaustive representation to the Centre, noting that the authorities must make a decision if such a representation is filed.
