WEST BENGAL FREEDOM FIGHTERS' ORGANIZATION versus UNION OF INDIA AND ORS.

Citation: [2004] SUPP. 3 S.C.R. 665 · Decided: 20-08-2004 · Supreme Court of India · Bench: S.N. VARIAVA · Disposal: Dismissed
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Judgment (excerpt)

WEST BENGAL FREEDOM FIGHTERS' ORGANIZATION 
A 
v. 
UNION OF INDIA AND ORS. 
AUGUST 20, 2004 
[S.N. VARIAVA AND G.P. MATHUR, JJ.) 
B 
Swatantrata Sainik Samman Pension Scheme, 1980: 
Freedom Fighters-Pension for-Applicants for pension under the 
Scheme were required to submit certificate from jail authorities, DM or C 
State authorities and in its absence a Non-availability of Records Certificate 
(NARC) along with a co-prisoner's certificate (CPC) viz;, two certificates 
from freedom fighters who had proven jail suffering for one year or one 
certificate from a sitting MP or MLA-Some freedom fighters applied for 
pension under the Scheme-Supreme Court directed State Advisory D 
Committee to verify the cases of these freedom fighters-It was found that 
most of the applicants had claimed to have gone underground-Certificates 
required under the Scheme not submitted-Certificate from co-freedom 
fighters only produced without submitting NARCs-Advisory committee, 
therefore, rejected the applications for pension-Validity of-Held: It is 
not possible for the Supreme Court to interfere as the State Advisory E 
Committee has come to a conclusion on the basis of available material-
The decision of the Committee cannot be said to be perverse or one which 
no reasonable person could arrive at-Constitution of India, 1950, Art. 32. 
The Government of India had announced a Scheme known as the F 
Swatantrata Sainik Samman Pension Scheme, 1980 under which the 
freedom fighters were to receive pension as mentioned in the Scheme. 
Under this Scheme, the applicants had to furnish a certificate from the 
jail authority, District Magistrate or the State Authorities. In the 
absence of such a certificate a Non-availability of Records Certificate G 
(NARC) along with a Co-prisoner's Certificate (CPC), namely, two 
certificates from freedom fighters who had a proven jail suffering for 
one year or one certificate from a sitting MP or MLA. 
The members of the petitioner-organization had applied for 
pension under the Scheme. The petitioner filed a writ petition before H 
665 
666 
SUPREME COURT REPORTS [2004] SUPP. 3 S.C.R. 
A this Court alleging that their applications were not being processed and 
that the State Government was not doing anything. This Court 
directed the State Government to appoint a State Advisory Committee 
to verify the cases of the members of the petitioner-organization. It was 
found that most of the applicants had claimed to have gone underground. 
B The applicants had also not produced the documents as required under 
the Scheme. All the applicants relied on certificates from co-freedom 
fighters without producing NARCs as required under the Scheme. The 
Committee, therefore, opined that none of the applicants were eligible 
for pension. 
c 
Dismissing the petition, the Court 
HELD: I. It is not possible for the Supreme Court to interfere as 
the State Advisory Committee has come to a conclusion on the basis of 
available material. The decision of the Committee cannot be said to be 
D perverse or one which no reasonable person could arrive at. (674-A] 
Mukund Lal Bhandari v. Union of India, (1993] Supp. 3 SCC 2, 
relied on. 
E 
Chaitnya Charan Das v. State of West Bengal, AIR (1995) Cal. 336; 
Gurdial Singh v. Union of India, (2001] 8 SCC 8; Union of India v. Mohan 
Singh, (1996] 10 SCC 351 and State of Maharashtra v. Raghunath 
Gajanan, (2004) 6 SCALE 478, referred to. 
f 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 68 of 
1999. 
Under Article 32 of the Constitution of India. 
Jaideep Gupta, Rana S. Biswas and Mrs. Sarla Chandra for the 
G Petitioner. 
P.P. Malhotra, Additional Solicitor General, Heman! Sharma and Ms. 
Sushma Suri for the Respondent. 
H 
S.K. Bhattacharya (NP) for Respondent. 
WEST BENGAL FREEDOM FIGHTERS' ORG. v. U.0.1. (VARIAVA, J.] 667 
Janaranjan Das, Ms. Swetaketu Mishra and Ms. Moushumi Gahlot, A 
for Mis. Sinha & Das for State of West Bengal. 
Mrs. Sunita Ray (NP) 
The Judgment of the Court was delivered by 
S.N. V ARIA VA, J. : By this Writ Petition, under Article 32 of the 
Constitution of India, the Petitioners seek the fol.Jowing relief: 
B 
"To issue Writ/Order/Direction to the State Government to send 
reports about the freedom fighters to the Union Government to C 
expedite payment of Freedom Fighters Pension from the 
commencement of the Scheme from 1.8.80 to the petitioner 
organization being the freedom fighters." 
This Petition has been filed by the Association whose membe
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