[UP Fighters Of Democracy Honor Act 2016] Mere Allegations Of Bad Character Don't Disentitle Person From Claiming Benefits: Allahabad High Court

The Allahabad High Court has held that mere allegations of having 'bad character' do not disentitle a person from claiming benefits under the Uttar Pradesh Fighters of Democracy Honor Act 2016.“Fighters of Democracy” are defined under Section 2(a) of the Uttar Pradesh Fighters of Democracy Honor Act 2016 as the residents of the State of Uttar Pradesh who actively fought during the emergency period from 25.06.1975 to 21.03.1977 and were detained in political grounds in jail under Maintenance of Internal Security Act, 1971 for participating in such activities. The Court observed that under Section 3 of the Act, though it is contemplated that the Act does not apply to anyone detained other than on political grounds, it will apply to those detained under the Maintenance of Internal Security Act, 1971. The bench comprising Justice Saumitra Dayal Singh and Justice Surendra Singh held “Section 4(3)(iii) of the Act does not exclude the application of the Act to persons who may have been detained against whom other criminal occurrences may also have been alleged besides MISA. In such cases, the District Magistrate is required to satisfy himself that whether other criminal offences were alleged while fighting for democracy, etc. Thus, mere existence of allegation of criminal offences does not itself dis-entitle a claimant to claim the benefit of the Act.”Petitioner's claim under the Uttar Pradesh Fighters of Democracy Honor Act 2016 was rejected on the grounds that he was not a political detainee but was detained under the Maintenance of Internal Security Act, 1971 for 'bad character'. The Court observed that the respondent had failed to produce any material to justify rejecting the claim of the petitioner. It was observed the details leading to the detention and the case of detention were not revealed before the Court. The Court held that since there was no material on record to show that the petitioner was detained on any other criminal charges, an assumption arose in favour of the petitioner that he was a political detainee by participating in protests during the emergency period. “By merely stating that the petitioner was detained under MISA as a person with "bad character" was neither here nor there. Since no reference has been made to any criminal case lodged against the petitioner, no adverse inference may be drawn on the wholly subjective opinion of the respondent State authorities now drawn, that the petitioner had been detained under MISA for reason of "bad character".”The Court held that based on subjective opinion declaring “bad character” of the petitioner without any material evidence against him cannot be a ground for denying him benefits under the Uttar Pradesh Fighters of Democracy Honor Act 2016. Accordingly, the writ petition was allowed. Case Title: Muhammed Rasheed Khan vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 169 [WRIT - C No. - 31840 of 2019]Case Citation: 2024 LiveLaw (AB) 169Click Here To Read/Download Order

[UP Fighters Of Democracy Honor Act 2016] Mere Allegations Of Bad Character Don't Disentitle Person From Claiming Benefits: Allahabad High Court

Upasna Agrawal

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[UP Fighters Of Democracy Honor Act 2016] Mere Allegations Of Bad Character Don't Disentitle Person From Claiming Benefits: Allahabad High Court

Upasna Agrawal

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