DAMU PUNJAJI SHEJUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In these 2 matters wherein the petitioners have made claims for freedom fighter's pension, our conscience is disturbed while considering the factors that emerged. It would therefore be apposite to begin this judgment with the observations of the Hon'ble Supreme Court in Bhaurao Dagadu Paralkar Vs. State of Maharashtra and others [2005 AIR SCW 4094]. The Hon'ble Court has recorded in paragraph No.2 as under :-

(2.) The Policy of the State Government brought into effect through the Government Resolution dtd. 4/7/1995 thereby introducing freedom fighter's pension scheme, is undoubtedly a laudable scheme with the object of honouring those persons who have sacrificed their lives or their freedom and liberty and have suffered atrocities at the hands of the oppressors. In this context, the Hon'ble Supreme Court has observed in Gurdial Singh Vs. Union of India [2001 AIR SC 3883] as under :-

(3.) It goes without saying that such schemes are aimed to reward genuine freedom fighters who deserved to be treated with respect, honour and reverence. At the same time, as has been held in Bhaurao (supra), it cannot be ignored that people who had not played any role in the freedom struggle should not be permitted to benefit from the liberal approach required to be adopted in granting freedom fighters pension, most of whom in the normal course are in their late 70's or 80's. It baffles one, beyond comprehension, when claims are made by the persons who were not even born during the freedom struggle, under the pretense of being freedom fighters. The persons who are masquerading as freedom fighters, are actually traitors.