The Justice Mukherjee Commission that inquired into the death of Netaji Subhash Chandra Bose has recorded in its report “reticence” of Renkoji temple authorities inhibited its efforts to conduct DNA test of the purported ashes of the INA leader kept there.
The Commission has further noted in its report that the UK Government did not give access to two files saying they were “closed” (meaning cannot be divulged).
In Chapter two of the report, the Commission has mentioned these difficulties they encountered in the course of the inquiry. These findings have also been recorded in the now declassified File No: 12014/8/2005-NCB-II with the subject “Submission of the report of the Commission to MHA-Action regarding” by the Union Home Ministry in its action taken report on the Justice Mukherjee Commission Report.
Quoting the Commission’s report, the ATR said, “The Commission wanted access being given by the Renkoji Temple authorities to a scientist for the purpose of collection of the potentially less charred pieces of bones from the contents of the urn kept there for DNA test. But this could not be done for the Temple authority’s reticence.”
The ATR further said, “The Commission requested the MEA for engagement of suitable scholars or students of post-graduate class preferably of law, historical research, political science etc. to do archival research at various American repositories of relevant historical documents on Netaji, as agreed to by the Director of Textual Archives Services Division of the USA. But it was not acceded to by MEA.”
The Commission mentioned in its report that owing to lapse of long time, a considerable number of witnesses whose evidence might have been helpful to this inquiry were found to be either dead or untraceable or too old and infirm to depose.
The Commission also pointed out that in compliance to its direction, the Centre filed two applications supported by affidavits claiming privilege under Section 123 and 124 of the Evidence Act and Article 74 (2) of the Constitution of India in respect of documents contained in three files.
“Although the Indian Evidence Act was not applicable to the proceedings before the Commission as held by the High Court and Supreme Court, it treated only those materials brought before it as evidence which were legally probative for a prudent mind, the ATR noted.
The Commission also mentioned that it visited England, Taiwan and Russian Federation in connection with the inquiry.