Placing two letters from the Lok Sabha and the Rajya Sabha, the counsel of the Union government said that no motion was placed in two Houses on the Commission report and so no decision could be taken.

After hearing the case, the Division Bench comprising Chief Justice Mohit S Shah and Justice Bhaskar Bhattacharjee asked the Union of India to file an affidavit on the present status of the report which was tabled in Parliament in 2006.

The Commission, headed by former Supreme Court Justice Manjor Kumar Mukherjee was constituted in 1999 to inquire into Netaji’s death in a plane crash at Taihoqu in 1945. The Commission submitted its report on May 17, 2006. The Union Home Ministry, while submitting the report, placed an Action Taken Report (ATR) too where it said the Centre had not accepted the Commission’s findings.

The Commission report had said that Bose did not die in the 1945 plane crash at Taihoqu and the ashes kept in Renkozi temple in Japan were not his.