A S NARAYANAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, at his age of 86 years at present, is on second round of litigation before this Court, against denial of Freedom Fighter's Pension. Petitioner claims that while he was a student, in the year 1939, he had actively participated in the agitation, "Travancore State Congress", which was subsequently approved as a freedom struggle. He also claims to have participated in the "Quit India" movement, in the year 1942. He went underground from 19.8.1942 to28.8.1943 apprehending arrest pursuant to warrant proclaimed against him by the Judicial First Class Magistrate Court, Thodupuzha in C.C. Nos. 54/114 to 567114 ME.

(2.) The petitioner submitted application for grant of Freedom Fighters Pension, under the Kerala Freedom Fighter's Pension Rules, 1971, The application was supported by Ext.P1 certificate issued by a veteran freedom fighter, Sri.K.C. Mathew, who is an awardee of Ext.P16 "Thamrapathra" and recipient of Freedom Fighters Pension under the "Swathanthrata Sainik Samman Pension Scheme 1980", which is formerly known as Freedom Fighters Pension Scheme 1972. In Ext.P1 certificate it is stated that the certifier had suffered imprisonment for more than two years pursuant to conviction and sentence awarded by the Judicial First Class Magistrate Court, Alwaye. It is certified in Ext.P1 that, the petitioner remained underground for more than six months for the period from 19.8.1942 to 28.8.1943. It is further certified that there was an award of arrest announced against the petitioner and he went underground voluntarily on the fear of arrest. Ext.P2 is the format of 'Convict Register' issued from Central Prison, Thiruvananthapuram, enumerating details of imprisonment undergone by the certifier, Sri.K.C. Mathew. The petitioner had also produced Ext.P4 certificate issued by another veteran freedom fighter, Sri. K.M. George, Ex.M.L.A, in order to show that he was a Volunteer in the "Travancore State Congress" agitation. Ext.P4 certifies that on several occasions the petitioner went underground as per advice of the Congress High Command as and when warrant of arrest was issued against him. In order to prove details regarding the case in which the warrant of arrest was issued, no records were available, and hence the petitioner produced Ext.PS "Non-Availability of Record Certificate" (NARC), along with the application. In Ext.P5 it is certified that the records in C.C. No. 54/114 to 56/114 ME on the files of the Munsiff-Magistrate Court, Thodupuzha, which became defunct, are not available.

(3.) The State Government rejected the application through ExtP6 assigning reasons that the NARC is not as per the provisions and that the certifier Shri K.C. Mathew had undergone imprisonment only for 11 months, as reported by the District Collector, Wayanad, and as evidenced from Ext.P2. It is stated in Ext.P6 that the petitioner had failed to produce acceptable evidence in order to prove his entitlement. Against ExtP6, the petitioner submitted Ext.P7 review petition before the Government, seeking reconsideration of the decision. The petitioner had further produced Ext.P8, another certificate issued by Sri. P.K. Vasudevan Nair, yet another prominent freedom fighter, who is former Chief Minister of the State, certifying that the petitioner remained underground during the above said period pursuant to announcement of arrest by the Munsiff-Magistrate Court, Thodupuzha in the above said cases. But through Ext.P10 proceedings, Government again rejected the application as not acceptable, on the ground that Ext.P8 certificate issued by Sri. P.K. Vasudevan Nair was not accompanied with certifier's jail records, and also on the ground that the petitioner had failed to produce copies of certain Judgments which he had referred to in his review petition.