SURJA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 32 of the Constitution by 55 persons - both men and women - claiming the benefit of the scheme of pension for Freedom Fighters.

(2.) It is the common contention of the petitioners that they had joined the Arya Samaj movement in the late 1930s within the erstwhile Nizam's State of Hyderabad and each of them had been convicted under different provisions of the criminal law then prevailing within the Nizam's State and sentenced to various terms of imprisonment. In thecase of most of them the term of imprisonment was around two years. They maintained that the Arya Samaj movement has been equated with the freedom struggle and the benefit of the pension scheme is admissible to those who had participated in the movement as Arya Samajists. According to them, in the prime of youth the petitioners had been motivated by the call of Mahatma Gandhi, the Father of the Nation and leaders like the late Pt. Jawaharlal Nehru, Dr Rajendra Prasad and others and bad given up their home and hearth and had joined the agitation within the Nizam's State and suffered the consequences. Since their claim for pension had not been accepted by the government of India they have applied to this court for appropriate direction for being admitted to the benefits of the scheme.

(3.) A counter-affidavit has been filed on behalf of the respondents by Undersecretary Alam in the Ministry of Home Affairs who while not disputing the assertion of the petitioners that the Union of India had accepted the Arya Samaj movement to be a part of the freedom struggle has disputed the entitlement of pension in the case, of most of the petitioners.