Affidavits Of Similarly Situated Prisoners Were Sufficient To Hold That The Person Was Detained In Prison As A MISA/DIR Prisoner: Madhya Pradesh HC
The Madhya Pradesh High Court observed that affidavits of similarly situated prisoners were sufficient to hold that the said persons were detained in the prison as a MISA/DIR prisoner.
The Court was hearing a Writ Petition challenging the order where the application preferred by the Petitioner whose husband, was a detenue under MISA/DIR during emergency period, for grant of statutory pension as provided under Lok Nayak Jaiprakash Narayan (MISA/DIR Rajnatik Ya Samajik Karano Se Nirudh Vyakti) Samman Nidhi Niyam, 2008 has been rejected.
The bench of Justice Milind Ramesh Phadke observed, “The two affidavits of similarly situated prisoners were sufficient to hold that the said persons were detained in the prison as a MISA/DIR prisoner…”
Advocate Prashant Sharma appeared for the Appellant and Government Advocate SS Kushwah appeared for the Respondent.
The Court said that it is not in dispute that the wife of a MISA/DIR detenu is entitled to half of the pension which the actual detenu would have received.
The Court said that if the application of the Petitioner is seen, it is appended along with the affidavits of two prisoners who were detained in jail as a MISA/DIR prisoners, who had categorically stated on affidavits that the husband of the petitioner was also detained in prison along with them as a MISA/DIR detenu which according to the Court was a sufficient compliance which has totally been ignored by the authorities while considering the application of the Petitioner.
Accordingly, the Court found the order illegal and quashed the same.
The Court directed the Respondent authorities to grant Samman Nidhi as provided under Rules, 2008 to the Petitioner as per her entitlement.
Cause Title: Leela Devi Bansal v. State of Madhya Pradesh
