Read Time: 05 minutes

Synopsis

The Delhi High Court has strongly criticized the Central Government for subjecting a 96-year-old freedom fighter to a four-decade-long wait for his entitled pension, asserting that the government's "stonewall approach" had defeated the very essence of the Pension Scheme.

The bench of Justice Subramonium Prasad said that "the inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender, and probably his entire land would have been attached in the proceedings initiated by the British Government."

The petitioner, Uttim Lal Singh, a non-agenarian who actively participated in the Quit India Movement and other freedom struggle-related activities, had been pursuing his claim for the 'Swatantrata Sainik Samman Pension' since March 29, 1982. Singh, born in 1927, had been accused by the British Government and declared a proclaimed offender in September 1943.

Singh had provided comprehensive details of his participation in the freedom struggle when he applied for a pension in 1982. The Bihar government forwarded his name to the Central government in February 1983, and this recommendation was reiterated in September 2009.

In November 2017, the Central Government informed the state government that Singh's records were not available within the Ministry of Home Affairs, requesting verified copies of relevant documents. Despite numerous communications, the petitioner did not receive any relief, prompting him to approach the high court.

Court took note of the fact that the Government of Bihar had recommended the petitioner's case and had sent the original documents to the Central Government, only for the latter to lose them.

Court further stated that "the affidavit filed by the State of Bihar reflects that all the documents relating to the petitioner have been verified, and the insistence of the Union of India to re-verify the documents again and again cannot be accepted."

In its ruling, the court directed the Center to release the pension to the petitioner within 12 weeks, along with interest at a rate of 6% per annum from August 1, 1980, until the date of payment of the pension amount.

Court also imposed a cost of Rs. 20,000 on the Union of India, which must be paid within six weeks. This verdict underscores the importance of promptly honoring commitments to the nation's freedom fighters and upholding the values they fought for.

Case Title: Uttim Lal Singh v. UOI & Others