Direct state govt to implement memo regarding January 23 celebrations as Desh Prem Diwas: PIL before Calcutta High Court

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Alleging that despite the State Government's order back in 2011, neither Netaji's statue garlanding nor playing of song 'Kadam-Kadam badhaye ja' is carried out during January 23 celebrations at all District Head Quarters, a man has filed a petition seeking the Court's directions for the same. 

In his Public Interest Litigation (PIL) plea,  Fareed Mollah has prayed for directions to the Government of West Bengal for implementing the memorandum issued by it in the year 2011, wherein guidelines for celebrating January 23 i.e. Netaji Subhash Chandra Bose's birth anniversary, at all the District Headquarters across the state were declared. 

The petition states that in the memorandum dated January 20, 2011, by the Government of West Bengal specifically states that with 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 if the police band is available.

The petitioner has also alleged that when he saw that not even once post year 2011, such activities took place at the District Headquarters, he made several representations to the Chief Minister of the state to give effect to its 2011 memorandum, but to no avail.

Therefore, feeling aggrieved by the inaction of the state machinery, the petitioner came knocking on High Court's doors for redressal of his grievances. 

Furthermore, for pointing out the significance of the occasion, the petitioner states that Subhash Chandra Bose, popularly known as Netaji, was a militant, patriot, and freedom fighter. He mentions that Netaji was involved in India's freedom struggle against the colonial rule of the British Empire and was also the founder of All India Forward Bloc (of which the petitioner is a member) and the Commander in Chief of Azad Hind Fauz from 1943 to 1945.

It is also to be noted, the Government of West Bengal had declared Netaji's birth anniversary as 'Desh Prem Diwas' and in continuation of the same, a memorandum had been passed by it in 2011 stating as to how this day will be observed in every district headquarter each year.

Additionally, last year, the Central Government also decided to observe Netaji 's birth anniversary as Parakram Diwas.

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