Bombay High Court Says Freedom Fighter's Pension Can't Be Withheld For Long, Seeks State Govt's Response On Widow's Plea

LIVELAW NEWS NETWORK

28 Sep 2021 6:54 AM GMT

  • Bombay High Court Says Freedom Fighters Pension Cant Be Withheld For Long, Seeks State Govts Response On Widows Plea

    Withholding a freedom fighter's pension for such long periods isn't justified, the Bombay High Court said, seeking the State's response on a plea by the 90-year-old widow of Laxman Chavan, who fought during 1942 Quit India Movement and passed away in 1965. A division bench of Justice Ujjal Bhuyan and Justice Madhav Jamdar on Friday were hearing Shalini Laxman Chavan. She claimed...

    Withholding a freedom fighter's pension for such long periods isn't justified, the Bombay High Court said, seeking the State's response on a plea by the 90-year-old widow of Laxman Chavan, who fought during 1942 Quit India Movement and passed away in 1965.

    A division bench of Justice Ujjal Bhuyan and Justice Madhav Jamdar on Friday were hearing Shalini Laxman Chavan. She claimed that her husband was a freedom fighter who had participated in the Quit India Movement in 1942 and undergone imprisonment in the Byculla jail for six months in 1944.

    Chavan claimed that though the State of Maharashtra has framed a pension scheme for freedom fighters called Swatantrata Sainik Sanman Pension Scheme, 1980, its benefit was not extended to her despite her husband having passed away in 1965.

    Her counsels, Advocates Jitendra M Pathade and Shrikant Raokar argued that denial of pension was because old records in the Byculla District Prison that contained details of Chavan's imprisonment may have been destroyed.

    "Be that as it may, from the available materials on record, there does not appear to be any dispute as to the status of late Laxman Ramchandra Chavan as a freedom fighter and as regards petitioner as the widow of late Chavan. If that be so, then withholding of freedom fighter's pension that too for such a long period is not justified," the bench said, directing the prosecutor to take instructions by September 30.

    Also Read: "Sorry Sir" Says Madras HC To 89-Yr-Old Freedom Fighter Made To Wait For Pension For 37 Years

    Appearances – Advocate Jitendra M. Pathade a/w. Mr. Shrikant Raokar for Petitioner; Government Pleader P. H. Kantharia, for State.

    Case Title - Shalini Laxman Chavan v. Union of India & Ors.

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