HAZI MUMTAZ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) The short question raised in this petition is whether the Khaksar Movement falls within the definition of 'Freedom Movement' as defined under R.1 of the Freedom Fighters Pension Scheme, 1972.

(2.) The petitioner is aggrieved by an order dated January, 10, 1977 issued by the Deputy Secretary, Government of Uttar Pradesh, cancelling an earlier order by which the petitioner was granted a political pension of Rs. 60/- per month which was subsequently raised to Rs. 70/- per month The order further directed that the amount of pension paid to the petitioner may be realised from him according to law.

(3.) Shortly stated the petitioner's case is that he participated in the Khaksar Movement which was started, by Sri Allama Inayatuallah Khan Mashriqi somewhere in 1940. The object of the movement, according to the petitioner, was to liberate the people of India from the British Rule. In connection with that movement, the petitioner remained in Lahore Jail for one month, in Multan Jail for 3 months 10 days and the Banda Jail for two days. Together the terms of these imprisonments lasted 4 months and 12 days between July 1, 1940 to November 13, 1940. In the issue of the weekly Blitz dated December 23, 1972 a notice was circulated purporting to have been issued by the Governments of India and Uttar Pradesh that a decision had been taken to give political pension to Khaksars who had participated in the country's Freedom Movement. After obtaining certificates from the jail authorities the petitioner applied for and was granted a pension of Rs. 60/- per month from March 1, 1974 by the Governor of Uttar Pradesh which was subsequently enhanced to Rs. 70/- per month from February 7, 1976. Later on a show cause notice was issued to the petitioner stating that he had suppressed certain material facts in his application and that the petitioner had in fact not participated in any freedom movement. The petitioner replied to this notice but, it appears, to no avail. Finally the impugned order was passed on January 10, 1977 cancelling the Pension Payment Order as well as directing the amounts already paid to him as pension to be refunded to Government. Hence this petition.