NOTIFICATION

ONE

NOTIFICATION

The order of the Government of India appointing this Commission is contained in the
Notification cited below.

No25/14/70-Poll. II
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
New Delhi, the 11th July 1970

NOTIFICATION

S.O. 2375 – WHEREAS the Shah Nawaz Khan Committee appointed by the Government of India in April, 1950, to inquire into and to report to the Government of India on the circumstances concerning the departure of Netaji Subhas Chandra Bose from Bangkok about the 16th August, 1945, his reported death as a result of an aircraft accident and subsequent developments connected therewith, had come to the conclusion that Netaji Subhas Chandra Bose met his death in an air crash;

AND WHEREAS there is a widespread feeling amongst the public that the problem of finding the truth about Netaji’s death still remains;

AND WHEREAS there has been a persistent demand for a further inquiry into the matter;

AND WHEREAS the Central Government is of opinion that it is necessary to appoint a Commission of Inquiry for the purpose of making an inquiry into a definite matter of public importance, namely, the disappearance of Netaji Subhas Chandra Bose in 1945.

NOW THEREFORE, in exercise of the powers conferred by Section 3 of the Commissions of Inquiry Act, 1952 (60 of 1952), the Central Government hereby appoints a Commission of Inquiry consisting of Shri G.D. Khosla, Retired Chief Justice of the Punjab High Court, as sole member.

2. The Commission shall inquire into all the facts and circumstances relating to the disappearance of Netaji Subhas Chandra Bose in 1945 and the subsequent developments connected therewith and make its report to the Central Government. The Commission will be expected to complete its inquiry and make its report by the 31st December 1970.

3. The Central Government is of opinion that having regard to the nature of the impurity to be made and other circumstances of the case, all the provision of sub-section (2), sub-section (3), sub-section (4) and sub-section (5) of Section 5 of the Commissions of Inquiry Act, 1952 (60 of 1952) should be made applicable to the said Commission and the Central Government hereby directs under sub-section (1) of the said section 5 that all the provisions aforesaid shall apply to the said Commission.

T. C. A. SRINIVASAVARDAN,
Joint Secretary.

To the above Notification may be added the following note prepared in the Ministry of Home Affairs briefly stating the circumstances, which led to the appointment of the present Commission:

“April, 1956, in response to the public demand, Government of India appointed an inquiry Committee to ascertain the circumstances concerning Netaji’s departure from Bangkok on August 15,1945, and his alleged death in an air crash. The Committee consisted of the following:

Shri Shah Nawaz Khan, M.P, Parliamentary Secretary to the Minister of Railway and Transport;
Shri Suresh Chandra Bose, elder brother of Netaji Subhas Chandra Bose; and
Shri S. N. Maitra, ICS, formerly Chief Commissioner, Andaman and Nicobar Islands.

The Committee examined a number of witnesses in Delhi, Calcutta, Bangkok, Saigon, Touraine and Tokyo. They also examined books and articles about Netaji Subhas Chandra Bose and studied relevant classified records pertaining to the matter.

After fully considering the evidence available two of the members (S S Shah Nawaz Khan and S N Maitra) come to the conclusion that while taking off from Taihoku (Formosa) in the afternoon of 18th August 1945, the Japanese military plane carrying Netaji and his companion (one Col. Habibur Rehman) developed some trouble and burst into flames. Suffering from severe burns, Netaji was carried into the Taihoku Hospital, where, after some hours, he passed away. The third member of the Committee, Shri Suresh Chandra Bose, submitted a dissentient report, stating that there had been no plane crash involving Netaji’s death. The Government accepted the majority report.
Since then have been repeated demands for undertaking another inquiry into the matter. Rumours about Netaji’s survival and where about etc. have cropped up repeatedly. Several Members of Parliament also strongly pressed the demand for a fresh inquiry. The matter was considered by Government and it has been decided to appoint one-man Commission of Inquiry consisting of Judge of the Supreme Court of the High Court, to make a further inquiry into the circumstances relating to the allege death of Netaji Subhas Chandra Bose.”

The inquiry could not be completed within the period specified in the original Notification, and term of the Commission was extended from time to time. On the completion of the inquiry, this report is being submitted for the information and consideration of the Government.