Delhi HC declines PIL to erect memorial for INA martyrs at Red Fort

The Delhi High Court dismissed a PIL seeking a court mandate for the construction of an INA martyrs' memorial at the Red Fort. The court ruled that such decisions are within the government's discretionary domain and not subject to judicial intervention.
Why it matters
This case clarifies the limits of judicial power regarding government policy and the establishment of national monuments.
The Delhi High Court on Wednesday (September 30, 2026) declined to entertain a plea seeking directions to the Centre to construct a memorial at the Red Fort in honour of the martyrs of the Indian National Army (INA).
A Bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia, hearing a public interest litigation (PIL) petition filed by the Mahan Swatantrata Senani Lalti Ram Trust, said the decision to establish a memorial fell within the domain of the government.
“Whatever makes you feel good does not become the subject matter of a writ petition. Erecting or not erecting a memorial is the discretion of the government, not courts. It cannot be a debatable issue before a court of law,” the Bench told the petitioner’s counsel.
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