Madras HC: Ensure pension for freedom fighters

Justice S Vaidyanathan on holding that Freedom Fighters’ Pension under the scheme is not about the age, but about the struggle the freedom fighters had undergone, said, “The person, who is arresting a person is not going to ask whether he is either under 18 years of age or above. 

A group of persons who have participated in the freedom movement have been imprisoned, which is not disputed by the authorities. But as far as the petitioner is concerned, the authorities are disputing his imprisonment, only on ground that he was not in prison for 21 days and he was under-aged.”

Also, observing that the object of the Freedom Fighter’s pension is to mitigate the suffering of those persons, who have struggled to achieve Independence for our country, the judge said, “Even minors would have participated in the struggle and if any evidence is shown, the same should be considered. Rejecting the request for Freedom Fighters’ Pension on technical grounds may not be correct.”

The petitioner A Muthian had submitted that he had participated in the “Quit India Movement 1942” and was imprisoned in Sub- Jail, Mayiladuthurai, from October 07, 1942 to October 21, 1942. He had contended that though he had submitted his certificates, they were rejected by the Nagapattinam District Collector on the basis that he was not only under-aged, but had also not suffered imprisonment for 21 days.

However, Justice Vaidyanathan on holding that there is no justification on the part of the state to deny pension to Muthian, directed the government to sanction the pension within the next 45 days with arrears from the date of his eligibility to till date and continue paying him pension forthwith.