The present petition filed by two lawyers, Smarajit Roy Chowdhury and Ajit Kumar Mishra sought declassification of all documents relating to Mukehrjee’s death besides a categorical statement from the Central and West Bengal governments on whether the death was a result of conspiracy by then Prime Minister of India, Jawaharlal Nehru.

“Citizens of India have no information about how the death of Dr. Syama Prasad Mukherjee happened when he was in custody. Hence, all citizens have the right to get information about the mysterious death of Muekhrjee,” the plea said.

Mukherjee, who was the Minister of Industry and Supply in the interim Central government formed in 1947 under Nehru had subsequently parted ways and resigned from Cabinet over issues relating to minority rights and establishment of minority commissions.

He had later founder the BJS which won 3 seats in Lok Sabha in the first general elections held in 1952. He had later strongly opposed Nehru government’s Kashmir policy due to disagreements with Article 370.

While trying to enter Kashmir which then had a permit system, he was arrested by Katua police.

As per the petitioner, he later died under mysterious circumstances while in captivity.

The plea has raised the question of why Mukherjee was not produced before the Court by Sheikh Abdullah’s government which was in power in Kashmir then.

The plea has, therefore, sought directions to be issued to Central government, Union Territory of Jammu & Kashmir and West Bengal government to submit detailed report before the Court regarding Mukherjee’s death.

The plea also sought a direction to be issued to Government of India to categorically disclose its stand on the issue.

According to late Balraj Madhok, a close associate of Dr Mookerjee and Co-founder of Jana Sangha, “Dr Mookerjee was murdered in a cool blooded conspiracy hatched by Jawaharlal Nehru and  Sheikh Abdullah”.

Mookerjee’s death in custody raised wide suspicion across the country and demands for an independent inquiry were raised, including earnest requests from his mother, Jogamaya Devi, to Nehru. The prime minister declared that he had asked a number of persons who were privy to the facts and, according to him, there was no mystery behind Mookerjee’s death. Devi did not accept Nehru’s reply and requested an impartial inquiry. Nehru, however, ignored the letter and no inquiry commission was set up. Mookerjee’s death, therefore, remains a matter of some controversy.

Many of Indian statesmen claimed that Mookerjee was murdered. Former Indian PM and Stalwart BJP leader Atal Bihari Vajpayee claimed in 2004 that the arrest of Mookerjee in Jammu and Kashmir was a “Nehru conspiracy”. The BJP in 2011 called for an inquiry to probe Mookerjee’s death but sent the same in cold storage! 

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__Inputs from Br & Bench.