96 Year Old Freedom Fighter Made To Run From Pillar To Post For Over 40 Years: Delhi HC Pulls Up Govt. Of India For Its Stonewall Approach
The Delhi High Court directed Union of India to grant pension to a 96-year-old freedom fighter, who had applied for the 'Swatantrata Sainik Samman Pension' in 1982, from the date of his application in 1982, along with 6% interest per annum from August 1, 1980.
The court criticized the Union of India's lackadaisical approach in handling the case and imposed a fine of Rs. 20,000.
A Bench of Justice Subramonium Prasad observed, “A perusal of the facts of the case and the affidavit filed by the State of Bihar reflects that all the documents relating to the Petitioner have been verified and the insistence of the Union of India to re-verify the documents again and again cannot be accepted.”
Advocate I.C. Mishra appeared for the Petitioner and Advocate Anurag Ahluwalia appeared for the Respondents.
The petitioner had participated in the Quit India Movement and other freedom struggle movements and was declared a proclaimed offender in 1943. He applied for the pension scheme in 1982, and his case was recommended by the State Advisory Committee, Bihar, and subsequently forwarded to the Central Government. Despite multiple reminders and submissions of relevant documents by the State of Bihar, the Central Government did not take action.
The Union of India contested the case, stating that specific documents were required for the pension approval, including evidence of imprisonment, non-availability of records certificates, co-prisoner certificates, and other supporting documents.
The Court criticized the Union of India's approach and emphasized that a liberal and non-technical approach should be followed in determining the eligibility of freedom fighters for such schemes. The Court noted the petitioner's age and the extensive verification done by the State of Bihar. The Court added, “A 96 years old freedom fighter has been made to run from pillar to post to get his rightful pension. The Government of Bihar has recommended the case of the Petitioner and has send the original documents to the Central Government and the same have been lost by the Central Government. The inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender and probably his entire land would have been attached in the proceedings initiated by the British Government. The very spirit of the Pension Scheme is being defeated by the stonewall approach of the Government of India which cannot be appreciated by this Court.”
The Court further questioned, “When the State of Bihar has already recommended the name of the Petitioner for grant of Swatantra Sainik Samman Pension to the Petitioner herein and in light of the fact that the District Magistrate in its report dated 22.06.2022 has verified that the name of the Petitioner herein reflects at S.No.24 in G.R. No.707/1942, this Court is unable to fathom as to why the Petitioner is not being given the benefit of the Pension Scheme.”
The Court directed the Union of India to release the petitioner's pension within 12 weeks, along with 6% interest per annum from August 1, 1980. Additionally, a fine of Rs. 20,000 was imposed on the Union of India for its lackadaisical approach in handling the freedom fighter's case.
Cause Title: Uttim Lal Singh v. UOI & Ors., [2023:DHC:8017]
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