C AMMINI AMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the widow of late Theppil Bhaskaran Pillai, popularly known as Thoppil Bhasy, a well-known freedom fighter, political sufferer, political leader and eminent dramatist.Her application for getting freedom fighters pension from the Central Government was turned down by the first respondent. The petitioner has produced Exhibits P-1 to P-9 to prove the claim of the petitioner for getting freedom fighters pension due to the petitioner's later husband, Exhibit P-1 is the excerpts of the speech made by the then Speaker Sri. P. P. Thankachan on a reference made after the death of the petitioner's husband who was a Member of the Legislative/Assembly of the erstwhile Travancore-Cochin State and later in the Kerala State. Exhibit P-1 refers to the role of the petitioner's husband as a freedom fighter who took part actively in the Freedom Struggle in the erstwhile Travancore State. Exhibit P-2 is a letter addressed to the petitioner from the District Collector, Alleppey informing her that the 'Thamrapathra' awarded to her late husband is available in the Collectorate and she was requested to receive the same. Exhibit P-3 is an order of the District Collector, Alleppey granting the freedom fighters pension to the petitioner, which was due to the petitioner's husband. Exhibit P-4 is a certificate of suffering by absconding internment and externment signed by one V. K. Karunakaran, a prominent freedom fighter and an authorised certifier which proves the underground suffering of the petitioner's husband. Exhibit P-5 is another certificate by Sri P. A. Solomon, who was a Member of Parliament. Exhibit P-6 is a letter written by the then Chief Minister of Kerala to the then Home Minister in the Central Government strongly recommending the payment of freedom fighters pension to the petitioner. Exhibit P-8 is a certificate issued by the then Chief Judicial Magistrate explaining the inability to issue a certified copy of the order of arrest warrant issued against the petitioner's husband in connection with C.C. 9 of 1942 on the ground that the relevant registers are not available in the Court at present. Exhibit P-9 is another letter of the then Industry Minister (who earlier issued Exhibit P-6 while he was the Chief Minister of Kerala) informing the petitioner that steps are being taken to grant the freedom fighters pension to the petitioner.

(2.) In spite of these efforts made by the petitioner, by Exhibit P-7 the first respondent informed the petitioner that the request could not be acceded to since the petitioner had not produced any evidence in support of the claim. By Exhibit P-10 the petitioner was informed that the request was declined since the petitioner had not submitted documentary evidence from official records in support of the petitioner's husband's underground suffering from 10-8-1942 to 14-2-1944. Exhibits P-7 and P-10 are under challenge in this Original Petition.

(3.) A statement has been filed on behalf of the first respondent. In paragraph 5 of the statement it has been stated that to become eligible for Central Freedom Fighters Pension the applicant has to produce the following documents :"