IMPORTANT POINT
It is not for the Court to embark upon the appreciation of the evidence once the Government concludes that documents required to claim pension under the Pension Scheme are not sufficient.

Headnote:Constitution of India-Article 32-Swatantrata Sainik Samman Pension Scheme, 1980-Scheme for pension to freedom fighters-Entitlement of those who had suffered minimum imprisonment of six months in mainland jails before independence or in case of SC/ST freedom fighter who had suffered minimum imprisonment for three months-All members of Petitioner Association applied for pension-However, their applications were not being processed-Court directed State of West Bengal to appoint a State Advisory Committee to verify cases of members of Petitioner Association-State of West Bengal stated that the Committee appointed had considered cases of all and rejected all the applications-It also observed that from records available their claims were not corroborated-Whether decision of the Committee can be said to be perverse so as to require interference by the Court-Held, No-It is not possible for the Court to interfere as the Committee has come to a conclusion on basis of available material.
Held : Having heard the parties, even presuming that the Petition was in effect for payment of pension, we find that it is not possible for this Court to interfere as the Committee has come to a conclusion on the basis of available material. The decision of the Committee cannot be said to be perverse or one which no reasonable person could arrive at. We therefore see no reason to interfere. We, however, record the statement of Mr. Janaranjan Das, learned counsel appearing for the State of West Bengal, that as per the recent policy decision of the Central Government all applications of persons who claim to have been interned, in jails in territories which are now in Bangladesh, will be forwarded to the Central Government for their consideration. (Paras 17 & 18)

JUDGMENT

S.N. Variava, J.-By this Writ Petition, under Article 32 of the Constitution of India, the Petitioners seek the following relief:

"To issue Writ/Order/Direction to the State Government to send reports about the freedom fighters to the Union Government to expedite payment of Freedom Fighters Pension from the commencement of the Scheme from 1.8.80 to the petitioner organization being the freedom fighters."

This Petition has been filed by the Association whose members claim to be freedom fighters.

2. The Government of India had announced a Scheme known as the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter called the Scheme ) under which freedom fighters were to receive pension as mentioned in the Scheme. Any person who had suffered a minimum imprisonment of six months in the mainland jails before independence or in case of SC/ST freedom fighter who had suffered minimum imprisonment for three months is eligible to receive the pension. The manner of proving claims is as follows :

"The applicants should furnish the documents indicated below whichever is applicable in order to prove his claimed sufferings for grant of pension under the Scheme.

(A) IMPRISONMENT/DETENTION:-

Certificate from the concerned jail authority, District Magistrate or the State Government, indicating period of sentence awarded, date of admission, date of release and reasons for release, a Non-availability of Records Certificate (NARC) from the concerned authorities alongwith co-prisoners Certificates (CPC) as under :-

(i) Two Co-prisoners Certificates from the freedom fighter pensioners who had a proven jail suffering of one year.

(ii) One Co-prisoners Certificate from a sitting MP or MLC or from an ex-MP or an ex-MLA specifying his jail period and that of the applicant (Annexure 1 in the application form).

(B) Documentary evidence by way of Court s/Government s orders proclaiming the applicant as an offender, announcing an award on his head or for his arrest or ordering his detention. In the absence of such certificates from official records, a Non-availability of Records Certificate from the concerned authorities alongwith a certificate from a prominent freedom fighter who had undergone imprisonment for a period of at least two years or more."

Thus, it is to be seen that the applicant has to furnish a certificate from the jail authority, District Magistrate or the State Authorities indicating the period of sentence awarded, date of admission, date of release and reasons for release and in the absence of such a certificate a Non-availability of Records Certificate (NARC) along with a Co-prisoners Certificate (CPC), namely, two certificates from freedom fighters who had a proven jail suffering for one year or one certificate from a sitting MP or MLA or an ex-MP or ex-MLA. In case of persons having gone underground documentary evidence by way of proclamation of the applicant as an offender, announcing an award for his arrest or an order of detention. In the absence of official record a certificate from a prominent freedom fighter, who had undergone imprisonment for a period of at least two years, was to be given.

3. All the members of the Petitioner Association had applied for pension. It is their case that their applications were not being processed and that the State Government was not doing anything. This Court, by its Order dated 12th October, 2001, directed the State of West Bengal to appoint a State Advisory Committee, if not already appointed, and further directed the Committee to verify the cases of the members of the Petitioner Association and communicate its opinion to this Court.

4. The State of West Bengal filed an affidavit on 4th February, 2002 wherein it was set out that the State Advisory Committee had considered the cases of all and had rejected all the applications.

5. This Court by its Order dated 15th February, 2002 directed the State Government to file a better affid

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2004 Supreme(SC) 919

IMPORTANT POINTIt is not for the Court to embark upon the appreciation of the evidence once the Government concludes that documents required to claim pension under the Pension Scheme are not sufficient.

Cases Referred (3)

IMPORTANT POINT
It is not for the Court to embark upon the appreciation of the evidence once the Government concludes that documents required to claim pension under the Pension Scheme are not sufficient.