"From the evidence and the circumstances discussed, it is abundantly clear that Netaji's name was never borne on any list of war criminals.

It may be that had he been alive and had been apprehended, he would have been tried as a war criminal although it has not been alleged that what he did brought him within the mischief of the Charter of the War Crimes Tribunal.

But since his death in the air crash was accepted by all concerned, there was no question, ever, of placing his name on the list of war criminals or of trying him for any war crimes. The Tribunal was appointed specifically and solely for the purpose of trying certain individuals, and as soon as the Tribunal had concluded its work, it ceased to exist and its members became functi officio. There could be no question of trying anyone else under the terms of the original charter.

Even before India attained independence, Sardar Vallabhbhai Patel had stated in the Legislative Assembly, in reply to Starred Question No. 89, on October 30, 1946 that there were no restrictions on the movements of Netaji Subhas Chandra Bose and there was no ban on his return to India. This statement was made before the British rule had ended, and it is clear from this that the British Government had not declared Bose a war criminal and did not regard him one. A statement was also made by the British Deputy High Commissioner at Calcutta that Netaji was not on the list of war criminals.

There has been no international agreement or subsequent charter which would bring Netaji (were he alive today) within the mischief of any war crimes tribunal. The Government of India has given no undertaking to any international body to hand Bose over to it, nor has there been any bar on his movements or his entry into India. The argument relating to Bose being accused of war crimes is, therefore, nothing but the purest conjecture, put forward not as an argument but as a piece of rhetoric and casuistry to cloud the issue and to distract attention from the real points for determination."