- (1.) THE Petitioner, who claims to be a freedom fighter, has approached this Court under Article 226 of the Constitution of India against the impugned order dated 30.7.2008, by which the Respondent Union of India has refused to extend the benefit of freedom fighter.
(2.) IT is an irony that for the second time, the Petitioner has been compelled to approach this Court under writ jurisdiction and that too, almost on the same ground which was the subject matter of scrutiny by this Court while deciding earlier writ petition No. 964(M/B) of 2002.
(3.) THE Petitioner was born on 12.7.1929. In the year 1942, under Quit India Movement, he participated in the freedom struggle. According to the pleading on record, the Petitioner joined the Quit India Movement and on 23.1.1943, he was arrested in connection with distributing the anti -government leaflets. He was detained in the lock -up and later on, released on 1.3.1943. Thereafter again, he continued with his crusade for independence and arrested in District Varanasi while distributing leaflets and remained under detention for approximately one month, i.e. from 18.2.1944 to 27.3.1944. Being active participant in the freedom struggle, he was compelled to leave his study from Class -IX and his name was struck down from the register of school. It has been submitted by the Petitioner's counsel that for several months, the Petitioner was underground and participated in the freedom struggle suffering all sorts of persecution from the government machinery. It has also been submitted by the Petitioner's counsel that it is not a question of benefit or money which may be made available to the Petitioner under the Scheme but it is a question of recognition of the Petitioner as freedom fighter who fought for the country during the independent struggle.;