“Small But A Needy Issue”: Bombay HC Expresses Concern About Delay By State Govt In Taking Decision Of Extending Benefits To Widow Of Martyr

The Bombay High Court expressed its concern over delay by the Maharashtra Government in taking decision of extending benefits to the widow of martyr.

The widow had filed a writ petition seeking benefits and the court said that it is a small but a needy issue.

A Division Bench comprising Justice G.S. Kulkarni and Justice Firdosh P. Pooniwalla observed, “We do not find ourselves in complete agreement with the reasons as set out on paragraph 3 to grant a long adjournment as sought on the ground of so-called administrative issues of the higher officers of the concerned department to be a reason for the decision to be delayed. … When we say so, we are conscious of the fact that State Government certainly can take lightning decisions on several issues and as compared to such decision, present issue is a small but a needy issue touching the family of a martyr and that too, for the highest functionary of the State of Maharashtra.”

Senior Advocate Ashutosh A. Kumbhakoni represented the petitioner while AGP P.J. Gavhane represented the respondents.

Facts of the Case -

The High Court had earlier passed a detailed order on this petition in March 2024 requesting the Chief Minister to consider the peculiar facts of this case and without the same being treated as a precedent, take an appropriate decision considering the fact that the prayer as made in the petition, was of the petitioner who was a widow of late Martyr Maj. Anuj Sood, who at a young age of 30 years, sacrificed his life for the country.

He laid down his life in May 2020, while rescuing civilian hostages. The President of India awarded “Shourya Chakra” to him. Hence, considering the policy of the State Government, as contained, the court passed a detailed order setting out the reasons as to why the case of the petitioner needs to be considered by the Chief Minister for grant of benefit under such policy as a special case.

The High Court in the above context said, “In our opinion, a positive approach of the State Government on such issue is certainly what would be expected. We had hence, adjourned the proceedings on the earlier occasion, when we were informed that it would not be possible to take a decision in view of the election code of conduct being notified in view of the ensuing election. However, in our order dated 14th March 2024, we clarified that in taking such a decision, the code of conduct certainly ought not to be an impediment, inasmuch as such decision would be taken in view of a prior order passed by this court. Accordingly, we had adjourned the proceedings.”

The Court noted that the State Government is seriously considering the issue and a decision is to be taken thereon, however, on account of administrative issues, time of four weeks would be required.

“The concerned department and the higher officers of the State Government need to be alive to the cause being pursued by the petitioner and in the light of the orders passed by us, put up the file before the Hon’ble Chief Minister for his decision at the earliest”, it directed.

Accordingly, the High Court adjourned the proceedings to April 10, 2024.

Cause Title- Aakriti Singh Sood v. State of Maharashtra and Ors.

Appearance:

Petitioner: Senior Advocate Ashutosh A. Kumbhakoni and Advocate Sneha S. Bhange.

Respondents: AGP P.J. Gavhane

Click here to read/download the Order