Pay 94-year-old freedom fighter's pension in 6 weeks: Karnataka High Court

The Karnataka High Court recently said that statutory bodies when implementing compassionate policies like Freedom Fighters Pension Schemes should not hijack justice [Gundurao Desai v. State of Karnataka and ors]..Single-judge Justice Krishna S Dixit opined that the approach of authorities with regard to such schemes should not disregard the spirit of the schemes.."The approach of the statutory authorities to the compassionate policies of the State such as Freedom Fighters Pension Schemes should not hijack justice in the ritualistic adherence to the black letter of law and in a gross disregard to its spirit; otherwise, (to borrow the words of Justice Benjamin N. Cardozo) they may be likened to surgeons who would rather have their patients dead in accordance with the principles of surgery than live contrary to; that is not a happy thing to happen in an arguably sane world," the Court said..The Court was hearing a petition moved by 94-year-old Gundurao Desai against an endorsement by State authorities dated July 20, 2019 rejecting his claim for freedom fighters pension. The claim was rejected on the ground that Desai had not produced affidavits sworn by two persons who were detained along with him by British during their participation in the independence struggle. .The State government counsel vehemently opposed the plea, contending that the requirement to produce certain documents is a matter of State policy that regulates grant of freedom fighters pension and therefore, the endorsement cannot be faltered. .After going through the rival contentions, the Court examined the reasons for promulgating Freedom Fighters Pension Scheme. "During the Freedom Struggle, several nationals sacrificed their lives, limbs and liberty and obviously their families too got affected; all this happened unseen and unsung; others who survived the struggle and lived after the dawn of freedom, needed to be protected, presumably they being incapable of paddling their life boats; therefore both the Central government and the State governments have promulgated Freedom Fighters Pension Schemes," the Court said..The Court also reiterated the Supreme Court's stand that claims of citizens cannot be rejected on flimsy grounds. .Further, the Court said that the State compelling the petitioner to produce the affidavits of two co-detenues, who had already passed, virtually amounts to compelling him to retrieve the dead from their grave, which is an impossible task. "That being the position asking him to produce the affidavits of two co-detenues, virtually amounts to compelling him to retrieve the dead from their grave, infuse soul into their body and ask them to swear to the affidavit; this is an impossibility, at least with all the progress the medical science has till now achieved.".Further, the single-judge said that the respondents had not alleged that the petitioner is guilty of fraud or fabrication in the present case. .In view of the above, the Court quashed the endorsement dated July 14 and directed all the respondents to sanction pension to the petitioner with retrospective effect from March 19,1998 and settle all the arrears within a period of six weeks. In case of any default, they shall personally and collectively pay him Rs.1,000 for the delay of each day brooked, the Court added. .[Read Judgment]