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2022 Supreme(Bom) 519

RAVINDRA V.GHUGE, S.G.MEHARE
Damu Punjaji Shejul – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.S. Panpatte.
For the Respondents: Mr. P.S. Patil, AGP.

Judgement Key Points

Certainly. Here are the key points based on the provided legal document:

  1. The scheme for granting freedom fighter pensions was introduced with the objective of honoring genuine freedom fighters who sacrificed for independence, often involving physical suffering, imprisonment, or other hardships (!) (!) .

  2. The scheme's purpose is to reward those who truly participated in the freedom struggle, and it is not intended to be exploited by individuals producing false or vague documents or making bogus claims (!) (!) .

  3. The Court emphasizes the importance of verifying claims through proper documentation, such as affidavits, official certificates, arrest warrants, and imprisonment records, to establish participation in the freedom movement (!) (!) (!) (!) (!) (!) .

  4. The Court highlights that affidavits alone, especially when inconsistent or unsupported by documentary evidence, are insufficient to prove participation in the freedom movement (!) (!) (!) .

  5. The Court notes that many claims are based on affidavits that contain discrepancies, contradictions, or uncorroborated statements, which raises doubts about their authenticity and the genuineness of the claims (!) (!) (!) (!) .

  6. The Court underscores that claims of being underground or living away from home are not enough without supporting evidence such as arrest warrants, newspaper reports, or official records indicating detention or participation (!) (!) (!) .

  7. The Court observes that applicants who have previously had their claims rejected and then refiled after long delays or with altered statements are likely attempting to manipulate the system, which is inconsistent with the scheme's purpose (!) (!) .

  8. The Court stresses that strict scrutiny and verification are necessary, especially given past instances of fraud, false affidavits, and the Justice Palkar Commission's findings of infirmities and irregularities in claims (!) (!) (!) .

  9. The Court emphasizes that the verification process must be thorough, and affidavits from other freedom fighters or certificates alone are not sufficient without supporting documentary evidence (!) (!) .

  10. The Court concludes that claims based solely on affidavits, especially when inconsistent or unsupported by corroborative evidence, are likely fabricated or manipulated, and thus, such claims should be rejected to prevent abuse of the scheme (!) (!) .

  11. The Court indicates that procedural delays, such as filing claims after long periods or after rejection orders, and attempts to obtain documents via RTI or other means, should not override the need for genuine verification (!) (!) .

  12. The Court reiterates that the scheme is meant to honor true freedom fighters, and any attempt to exploit it through false claims undermines the integrity of the scheme and disrespects genuine sacrifices (!) (!) .

  13. The Court directs the authorities to compile and review affidavits and supporting documents of claimants for further examination, emphasizing the importance of accuracy and authenticity in the verification process (!) .

  14. Overall, the Court maintains a cautious approach, prioritizing the integrity of the scheme and ensuring that only those with credible and verifiable evidence of participation in the freedom struggle are granted pension benefits (!) (!) (!) .

Please let me know if you need further analysis or specific legal advice regarding this document.


JUDGMENT :

Ravindra V. Ghuge, J.

1. In these 2 matters wherein the petitioners have made claims for freedom fighter's pension, our conscience is disturbed while considering the factors that emerged. It would therefore be apposite to begin this judgment with the observations of the Hon'ble Supreme Court in Bhaurao Dagadu Paralkar Vs. State of Maharashtra and others [2005 AIR SCW 4094]. The Hon'ble Court has recorded in paragraph No.2 as under:-

    "When one talks of freedom fighters the normal image that comes to one's mind is a person who had suffered physically and mentally for unshackling chains of foreign rule in our country. The normal reaction when one sees such person is one of reverence, regard and respect. The brave courageous deeds of these persons is a distinctive part of India's fight for freedom. Many persons lost their lives, many were injured and large number of such persons had languished in jails for various periods. The common thread which must have passed through the minds of these people is their sole objective to see that their motherland has a government of its own, free from foreign rule. But these images get shattered when one hears that with a view to gain financi

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