The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the direction in a public interest litigation (PIL) seeking measures for the welfare and recognition of freedom fighters who are still alive.

During the hearing, the petitioner who is appearing in person pointed out that only around 60 freedom fighters are presently in Kerala, of whom 27 are receiving pension from the Centre and 33 are receiving the State's freedom fighters' pension.

“The freedom we enjoy today is the sacrifice of millions of people.. Only 60 Keralites are there and out of it 23 are receiving pension from the centre and 33 people are receiving Kerala pension.. All of them are above 90 plus.. They are not in a physical condition to attend any public programmes and for the last 79 years we are ignoring them totally..” petitioner submitted.

The Court, however, declined to grant a prayer seeking permission for the national flag to be hoisted in front of the residences of living freedom fighters, observing that such a direction could not be issued in the absence of sufficient material.

The Court also noted that none of the living freedom fighters were before it in the proceedings.

At the same time, the Bench appreciated the petitioner's attempt to espouse the cause of living freedom fighters.

The Court observed that there was nothing on record to establish that living freedom fighters were not receiving adequate medical assistance. Therefore, it declined to grant the relief with regard to medical assistance.

It however, said that the State administration could consider increasing or providing welfare assistance to freedom fighters, keeping in mind their contribution to the freedom struggle.

Referring to the existing Freedom Fighters Pension Scheme, the Court observed that the minimum pension of Rs 50,000 could be considered by the State administration in the context of the sacrifices made by the freedom fighters.

Importantly, the Court directed the State to create a portal containing details of all living freedom fighters who may be eligible to avail themselves of welfare schemes.

“The State shall create a portal with the data of all the living freedom fighters who can avail the welfare scheme if any.. for their benefit.” Court ordered.

The writ petition was accordingly disposed of.

Case Title: Sabu Stephen v Union of India

Case No: WP(PIL) 167/ 2026