UNION OF INDIA Vs. SHAMSUDEEN BABU

JUDGEMENT

(1.) AFTER hearing the counsel for the appellant and the respondent, and on perusal of the record of the case, we find that the case of the respondent in granting him the benefit of a freedom fighter could be only considered on the basis of benefit of doubt because there is no clear evidence in this case regarding his participation in the freedom movement. Therefore in the facts and circumstances of this case, he was entitled to be declared as freedom fighter on the basis of benefit of doubt and therefore he will be entitled to the benefits of such a freedom fighter only with effect from the date of the passing of the order and not from the date of filing of his application. That has been so held by the Supreme Court in the case of Union of India v. Ganesh Chandra Dolai And Ors date 24.4.95, which has been followed in a subsequent order of the Supreme Court dated 30-4-96 rendered in Civil Appeal No. 7762/96 (Union of India v. M. R. Chelliah Thevar). In this view, the appeal is allowed.