PULIN BEHARI MAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner, Pulin Behari Maity claims himself to be a freedom fighter taking active part during the Quit India Movement in 1942 while he remained underground for a period of more than six months to avoid an order of his detention. The petitioner along with his other associates joined in subversive activities towards disruption of the transport communication by dismantling the communication system from Midnapore to Calcutta by cutting out the telegraph and telephone apparatus and by setting fire in the police jeeps of the concerned police station resulting in police firing whereby and whereunder several persons sustained injuries. Following the said incident an order of his detention was issued for which he had to abscond for the aforesaid period.

(2.) It is further claimed that the Government of India granted pensionary benefits to the freedom fighters with effect from 1st August, 1980 in recognition of their dedication and sacrifice of lives for the liberation of the country. It was provided therein that deserving freedom fighters may apply for such pension on the basis of the personal knowledge certificate of the concerned district provided records pertaining to the period of their suffering are not available.

(3.) Accordingly the present petitioner submitted his application on the basis of a certificate from an eminent freedom fighter of Midnapore district under the Swatantrata Sainik Samman Pension Scheme, 1980 since no relevant records of his suffering were available from any other source which will be evident from Non-Availability of Record Certificate of the District Magistrage of undivided Midnapore. The further case of the petitioner is that the Government of India has further released the relevant guidelines and allowed the applicants praying for pension to submit personal knowledge certificate from other freedom fighters, if no record during the period of his suffering is available but such certificate would be relied upon subject to verification of the same by the State Government regarding genuineness of his certifier's sufferings.