RAVI SHANKAR KUMAR AKELA Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard counsel for the petitioner and the Principal Additional Advocate General on behalf of the State.

(2.) In this Public Interest Litigation, the petitioner seeks quashing of Memo No. N/Home Treasury-74/09/2009-111 Patna dated 05.06.2009 framing the "J.P. Senani Samman Yojna" with effect from 01.06.2009. The scheme provides that persons who had undergone imprisonment under the Maintenance of Internal Security Act and the Defence of India Rules, under the leadership of Late Lok Nayak Jay Prakash Narayan between the period from 18.03.1974 to 21.03.1977 would be given a monthly pension of Rs. 2500/- to those who may have remained in custody up to six months or were injured in police firing and Rs. 5000/- to the widow of those who may have died in police firing or during custody under the aforesaid laws.

(3.) Learned counsel for the petitioner submits that the agitation itself was unjustified. Chaos ruled. Students and anti social elements were mixed up with looting and burning of buses, shops etc. Calling students to boycott classes was unjustified. An elected Prime Minister was forced to resign. The entire agitation was aimed at unseating the Congress Party at the center as well as at the State level. There were diverse opinions with regard to the imposition of emergency that followed. Certain journalists had opined that both Late Prime Minister Indira Gandhi and Late Jay Prakash Narayan must bear the blame for events that followed equally. But, without going into the nature of the agitation, undoubtedly it had political overtones against a single political party. A political party supporting another ideology cannot frame the pension scheme to further its own political interests at the expense of the public exchequer.