DHIRENDRA NATH CHATTERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Alok Lal, appearing for an on behalf of the petitioner and also heard Mr. Trivedi, appearing for and on behalf of the Union of India.

(2.) THE petitioner, an old man is trying to get his recognition as a freedom fighter for long days. His prayer was rejected as the certificates given by him were not according to the scheme, as contained in Annexure -9. The petitioner came up before this Court in CWJC No. 3282 of 1995 (R). The said writ petition was allowed vide order dated 5.7.1996 holding that the consideration of the certificates and its assessment were not correct and hence the rejection order passed on 22.11.1995 was rejected and the matter was .sent back before the Central Government for re -assessment. On the basis of the order of this Court, as contained in Annexure -11, the Central Government again considered the petitioner's prayer, but by Annexure -17 dated 21.1.1997, it has been specifically mentioned that the certificate granted by co -prisoner Mr. Gopal Kumhar was accepted but as per the scheme, as another certificate was necessary and the petitioner was informed so he could not produce any such co -prisoner's certificate and, as such, his prayer has been rejected.

(3.) ACCORDING to Mr. Alok Lal, not only Mr. Kumhar's certificate, there was also certificate of Mr. R.N. Rao, who was an Ex -M.L.C. regarding the imprisonment of this petitioner and Mr. Kumhar at Bhagalpur Jail and in the certificate given by Mr. Kumhar, it has been specifically stated that alongwith them many others had also been arrested at Chaibasa in 1930 movement and out of them. R.N. Rao was also there and he was also arrested and sent to Jail. While Mr. Kumhar and the petitioner were imprisoned at Bhagalpur Jail, Mr. R.N. Rao was taken to Arrah at a time.