Supreme Court Dismisses Claim for Freedom Fighter Pension Due to Lack of Documentary Proof

The Supreme Court of India has dismissed an appeal filed by Jagdamba Devi, the widow of late Hari Kant Jha, seeking a dependent family pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The Court upheld the rejection of her claim by the Central Government, citing a lack of primary and secondary documentary evidence to establish eligibility.

Background of the Case

The appellant’s husband, Hari Kant Jha, was accused and arrested during the Quit India Movement on August 9, 1942. He allegedly remained underground from August 16, 1942, to October 14, 1944. He was later arrested, remained in jail for thirteen days, and was discharged from the case on January 25, 1945.

Following his demise, Jagdamba Devi applied for a dependent family pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The Bihar government recommended her case, but the Central Government rejected it on July 26, 2000, stating that the requirement of six months of detention was not met.

High Court Proceedings

Jagdamba Devi challenged the rejection before the Patna High Court in CWJC No. 9903 of 2001. The Single Judge ruled in her favor, holding that remaining underground for nearly two years should qualify for pension.

The Central Government again rejected the claim on November 15, 2006, due to insufficient primary or secondary evidence. The appellant filed another writ petition, CWJC No. 816 of 2008. The Single Judge again ruled in her favor, finding the rejection contrary to earlier High Court observations.

The Union of India appealed in LPA No. 1348 of 2012, and the Division Bench overturned the Single Judge’s ruling. The High Court found that no documentary proof established that the deceased was underground for more than six months.

Supreme Court’s Observations

The Supreme Court examined the provisions of the Swatantrata Sainik Samman Pension Scheme, 1980. The Court noted:

“The standard of proof required in cases dealing with freedom fighter pension should be flexible, but it cannot be entirely without documentary evidence.”

The Court referred to Clause 3(b) of the Scheme, which requires an applicant to prove underground status for more than six months by:

• A government/court order proclaiming the person as an offender, announcing an award on their head, or issuing a detention order.
• Certificates from veteran freedom fighters who were themselves imprisoned for at least five years if official records are unavailable.

The Supreme Court found that:

• The appellant did not produce a government order declaring the deceased a proclaimed offender or awarding a bounty on his head.
• The certificate submitted by a veteran freedom fighter did not meet the requirements of the Scheme.
• Being underground was not synonymous with absconding and required official corroboration.

Final Judgment

• The Supreme Court dismissed the appeal, affirming the High Court’s ruling.
• The Court ruled that the Central Government acted within its authority in rejecting the pension claim.
• The appellant was found ineligible under the Swatantrata Sainik Samman Pension Scheme, 1980.

Conclusion

This judgment underscores the necessity of documentary proof in pension claims under the Swatantrata Sainik Samman Pension Scheme. It clarifies that claimants must meet the eligibility criteria, and courts cannot override statutory requirements based on sympathetic considerations alone.

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