Bhaskar Bhattacharya, J. - (1.) In all these writ applications, some common questions of law are involved and as such these applications were heard analogously.
(2.) Common features:-All the writ petitioners are applicants for 'Freedom Fighters' Pension' either for self or as dependant of deceased 'freedom fighter', the original applicant. None of the applicants claimed that he suffered imprisonment or externment or internment or loss of property due to order of confiscation or permanent incapacitation or loss of job or means of livelihood for participating in the freedom struggle of the nation ; but all of them in one voice asserted that they remained underground for more than six months to avoid warrant of arrest. Some of the applicants described themselves to be proclaimed offender. None of the applicants (except one) could however even disclose the name of the Court, which issued such warrant or the case number in which they were involved or the particular section of the Indian Penal Code or any other statute under which allegations were levelled against them. All of them have come forward with the case that the official records in support of their claims are not traceable and hence they have relied upon 'Certificates' of co-freedom fighters who were in jail for more than two years as required under the modified scheme framed by the Government.
(3.) All the applicants however have disclosed the period of abscondence beginning from a particular date or month and ending with another. The special feature of all these cases is that the period of abscondence ended at least three years prior to the date of independence and not followed by arrest or conviction.;