Supreme Court Dismisses PIL for Savarkar Portrait Removal

The Supreme Court of India dismissed a public interest litigation (PIL) on January 13, 2024, that sought the removal of portraits of Vinayak Damodar Savarkar from Parliament and other public spaces. The court, comprised of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, warned the petitioner about the potential for substantial costs should he choose to continue with what they termed a frivolous petition.

Retired Indian Revenue Service (IRS) officer B Balamurugan initiated the PIL, requesting the removal of Savarkar’s portraits and the restriction of government honors for individuals charged with serious crimes unless acquitted. The justices expressed frustration over Balamurugan’s financial excuse for not appearing in person to argue his case, questioning his ability to travel given his background as a government officer.

During the proceedings, Chief Justice Kant emphasized the need for judicial efficiency, stating, “This kind of frivolous petition… shows the mindset.” He cautioned Balamurugan about the serious implications of wasting the court’s time, indicating that heavy costs could be imposed as a result. The Chief Justice also probed into Balamurugan’s professional history, including his final posting and the circumstances surrounding his promotion denials. When asked about any corruption allegations, Balamurugan denied such claims, instead referencing departmental action taken against him following a hunger strike in 2009 aimed at promoting peace in Sri Lanka.

The bench ultimately categorized the petition as an abuse of the judicial process. Chief Justice Kant advised Balamurugan to consider more constructive contributions to society in his retirement. In light of the court’s reaction, Balamurugan opted to withdraw the petition, and the court granted his request.

The Supreme Court’s decision underscores the judiciary’s stance on matters deemed to waste court resources, while simultaneously highlighting the complexities surrounding historical figures and public memory in India.