GOVERNMENT OF INDIA Vs. N.SELVI

JUDGEMENT

(1.) This writ appeal by the Government of India, represented by its Secretary, Ministry of Home Affairs (Freedom Fighters Division), is directed against the order, dated 25.02.2014, passed in W.P.(MD) No.7946 of 2010.

(2.) The said writ petition was filed by the father of the first respondent herein for issuing a writ of certiorarified mandamus to quash the order passed by the appellant, dated 29.04.2004 and consequently, to direct the appellant to sanction Central Government Freedom Fighters Pension to the first respondent / daughter of the freedom fighter with effect from the date of application, namely, 23.08.1972 till the date of death of the freedom fighter i.e. 05.11.2010. By the impugned order dated 25.02.2014, the writ petition was allowed and the order passed by the appellant was quashed and a direction was issued to sanction pension due to the deceased freedom fighter with effect from 08.09.2009.

(3.) The appellant's contention is that the freedom fighter claimed that he underwent jail suffering in the lockup at Neyyattinkara from 25.02.1938 to 15.07.1939 and underwent jail suffering from 15.08.1942 to 23.02.1942 without trial. The appellant's case is that there was no primary evidence produced by the applicant to prove the jail suffering by way of Court Orders / Government Orders i.e., Jail Certificate, copy of the Imprisonment / Detention Certificate from the concerned Jail Authority. The appellant would admit that the applicant had produced secondary evidence by way of co- prisoner certificates from Mr.P.K.Krishnan, Mr.A.Kunja Nadar, Mr.M.Williams, Mr.K.V.Parameswaran Nair, Mr.N.Gopalakrishnan Pillai and Mr.Raphel. These certificates were rejected, on the ground that they were not in the prescribed format and those persons, who certified, did not produce any evidence of their own jail suffering for a period of two years or more. It is contended by the learned counsel appearing for the appellant that the Honourable Supreme Court in the case of Mukund Lal Bhandari vs. Union of India, 1993 AIR(SC) 2127 : 1993 Supp (3) SCC 2 held that the benefit of the scheme will be extended provided relevant material is produced in support of the claim.