CHATHU Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS are persons who have been honoured with freedom fighters' pension by the State Government. Payment of freedom fighters' pension by the Government is not to reward or compensate the sacrifices made in the freedom struggle, but to honour, and acknowledge the valuable service they rendered. It is a token of salute to their patriotism.

(2.) THE object and purpose of the Freedom Fighers' Pension Scheme is to honour those who had given the best part of their life to the country. It is also intended to mitigate the sufferings of those who had given their all for the country in the hour of its need. The spirit of the Scheme being both to assist and honour the needy and acknowledge the valuable sacrifices made, it would be contrary to its spirit to convert it into some kind of programme of compensation. In the instant case, it is an admitted fact that the petitioners were found entitled to the benefit of the Kerala Freedom Fighters' Pension. State Government formulated the Kerala Freedom Fighters' Pension Rules when the Central Government brought to the notice of the State Government the necessity for giving financial assistance and other help to political sufferers who had participated in the national movements for the emancipation of the country during the thirties and forties of this century and who would be old and infirm and many of them being impoverished due to their participation in these movements. On the basis of the Kerala Freedom Fighters' Pension Rules, the State Government found all the petitioners entitled to get pension under the above mentioned scheme and Exts. P1, P6 and P8 orders were issued granting pension.

(3.) SECOND petitioner is aged 71. He was also participated in the National Movement from his very young age. It is stated, he took part in the Quit India Movement led by Mahatmaji in the year 1942. He was taken into custody by Thamarasseri Police for his participation in the freedom struggle and was kept in custody. On 28-11-1943 he was convicted by the Magistrate Court, Kozhikode and sentenced to undergo imprisonment for one month. He underwent the sentence and was released on 24-2-1943. After release from the jail, he continued his political activities and took part in the agitation in connection with the freedom movement. While underground he had regularly distributed Swathanthra Bharatha Paper and other anti British leaflets, organised and educated people the necessity of freedom.