- (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel.
(2.) THE petitioner claims to be a freedom fighter and he prays for a Mandamus that pension should be given to him being a freedom fighter. It is strange that although we have got freedom in the year 1947 but it appears that some people are still claiming benefits of freedom fighters by all kinds of dubious methods so that they may get free Railway passes for journeys throughout the country in A. C. (two berths), about Rs. 5 or 6 thousand per month pension and other benefits. They also claim that their children and grand-children should get reservation. They also claim that they should be given Petrol Pump and cooking gas agencies, being freedom fighters. The persons who had really fought in the freedom struggle and even gave their lives e. g. Bhagat Singh and Khudiram Bose did not ask for any reward. They were rather satisfied that they had done something for the country and regarded that itself as their reward. But what is the position today? Fake freedom fighters have sprung up in our country by some dubious methods by getting fake certificates from jail authorities and on that basis they claim that should be given pension and other benefits of freedom fighters. It is time now that this malpractice should come to an end because it violates Article 14 of the Constitution of India, since other citizens do not get these benefits.
(3.) THE first application by the petitioner for getting pension of freedom fighter was dated 11-12-1992 (Annexure-3 to the writ petition) addressed to the District Magistrate, Aligarh. That application does not mention that the petitioner had spent any time in prison in connection with the freedom struggle. THE other letters, upto Annexure 8 to the writ petition, are identical in nature. Hence there is nothing to show that the petitioner ever went to jail in connection with the freedom struggle. Moreover, fail certificates are often, fake and manufactured to get freedom fighters benefits. In paragraph 2 of the petition, it is mentioned that the petitioner was born in 1932. Hence he would have been only about 15 years when India became independent.;