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2000 DIGILAW 71 (DEL)

K. K. ARORA v. CONVENOR, FREEDOM FIGHTER RELIEF COMMITTEE

2000-01-25

C.M.NAYAR

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C. M. NAYAR ( 1 ) THE petitioner is claiming freedom fighters pension as he has alleged that he took active part in the Freedom movement and was a krantikari and was following the path of Netaji Subhash Chander Bose, the then President of Congress Committee. The relevant facts with regard to his imprisonment and participation are stated in paragraph 4 of the writ petition which reads as below:- "that on 5. 3. 1940 Mr. Ken S. P. ordered lathi charge on the mob and the petitioner then fired at the S. P. Ken from the Desi Katta and Mr. Ken S. P. escaped narrowly. While the petitioner was running away from the site, one constable gave him lathi blows at his legs due to which the petitioner fell down on the ground and was beaten mercilessly and was arrested and sent to Jail on 16. 5. 1940. When the-petitioner was imprisoned under section 307/120-B/34 Indian Penal Code for 7 years and under the Arms Act for one year but after he had been in jail for one and half year, he managed to escape from the jail and from that day he remained underground till 15/08/1947 and could not be arrested by the police. " ( 2 ) ANIL Dec Singh,j. passed the following order on 9/11/1998:- "learned counsel for the petitioner states that she has received copy of the counter affidavit only today. She wished to file a rejoinder. She prays for time to do so. List the matter on 2/02/1999. Learned counsel for the petitioner states that the petitioner is a freedom fighter and was imprisoned in Lahore Central Jail. The respondents shall try to seek information from the Central Jail Lahore to find out about the veracity of the allegations made by the petitioner. " ( 3 ) THE learned counsel for the Union of India states that there is no information as to whether the respondents have received any information from the Central Jail Lahore to find out the period of imprisonment as suffered by the petitioner. The matter needs further considered by the respondent. The petitioner shall furnish all relevant documents in his possession to the respondents who shall consider the same and determine as to whether the petitioner is entitled to Freedom Fighters Pension. The said documents shall be furnished within four weeks from today. The matter needs further considered by the respondent. The petitioner shall furnish all relevant documents in his possession to the respondents who shall consider the same and determine as to whether the petitioner is entitled to Freedom Fighters Pension. The said documents shall be furnished within four weeks from today. The respondents in the meanwhile shall make endeavour obtain information from Central Jail Lahore about the imprisonment which the petitioner has stated to have undergone in terms of the Order passed on 9/11/1998. The respondent Union of India shall also hear the petitioner or his representative and pass appropriate orders in accordance with law within four weeks thereafter, The present petition is disposed of in these terms. Liberty is, however, granted to the petitioner to received the petition in case it is deemed necessary. ( 4 ) LET copy of the Order be given Dasti to counsel for the parties.