Monday 24 October 2016

Gujarat HC Asks Govt to Pay Pension to Freedom Fighter's Children


Pulling up the Centre as well as the Gujarat Government for demanding from a freedom fighter documents proving his association with Mahatma Gandhi's 'Quit India' movement, the Gujarat High Court has directed them to provide pension to his heirs.

Justice Sonia Gokani yesterday directed the State as well as the Union Government to provide within four months the pension of freedom fighter Balvantrai Vyas, who died during the pendency of the case, to his descendants.

Vyas had applied for pension in March 1998 under the 'Samman Pension Scheme', but the Gujarat Government had asked for documents to prove his claim that he was a freedom fighter, which he failed to. After his death, his family members continued with his legal fight for pension.

"An old man cannot be expected to compile documents half a century after the freedom struggle," the High Court order said while setting aside state government's claims that Vyas could not produce the documents through which he could have proved that he had been jailed and associated with the 'Quit India' movement.

"In the present day scenario, it would be unthinkable that a teenager between 13 and 16 years, would choose to fight for the country and go underground by actively participating in the freedom movement," the court order said.

It further added, "The pages of history are full of such valour and this case cannot be said to be so exceptional. Thousands of such young persons had contributed and inclusion of such category in the rules also further vindicates that the makers of the rules and procedure were aware of this reality." 

The High Court has taken the basis of the statement of two freedom fighters associated with Vyas.

"Two freedom fighters, who were entitled to pension, have also certified that Vyas was very active in underground activities between the years 1942 and 1945," the order said.

"They (freedom fighters) would not state incorrect facts in their recommendations for pension as that generation was inculcated the basic lessons of truth and integrity in the public life by the Father of the Nation," it added.

Vyas was born in Dhrangdhra in Surendranagar district in Gujarat in 1930 and participated in the Quit India Movement at the age of 12 in 1942, the petition said.

According to the petition, Vyas remained underground for six months and was jailed in Karachi for 18 months, for which he could not furnish any proof.

© Copyright PTI. All rights reserved. Republication or redistribution of any PTI content, including by framing or similar means, is expressly prohibited without their prior written consent.
Pak Army Kills 32 Militants in North Waziristan Curfew in Parts of Kashmir, Youth Killed, Toll Rises to 58
Download the Outlook ​Magazines App. Six magazines, wherever you go! Play Store and App Store

Post a Comment

You are not logged in, please Log in or Register
  • Daily Mail

More than a decade after India first started the procurement process, it has finally inked an €8bn agreement to buy 36 Rafale fighter jets from France’s Dassault. The original deal was to buy 126 Rafales to replace the accident-prone Russian MiG-21s. Ultimately, the government offered to buy only 36 ready-to-fly planes.

POLL STARTED ON: Sep 26, 2016
Brazil’s Rio de Janeiro is hosting the 31st Olympic Games from August 5 to 21. This is the first Olympics being held in South America and is going on even as a majority Brazilians are unhappy with their rulers. Here’s a quiz on some random Olympic facts and related trivia.
QUIZ STARTED ON: Aug 11, 2016