P.K. Banerjee, J. - (1.) This appeal is at the instance of an unsuccessful writ -petitioner claiming freedom -fighter's pension wherein he challenged the order dated 10th December, 2004 passed by the Under Secretary to the Government of India by which the claim for freedom fighter's pension was turned down. The learned Single Judge decided not to interfere with the detailed reasons given by the respondent no. 2. Hence, the appeal. In the present case also, the original applicant claimed that he was neither imprisoned nor was he tried in any case nor awarded any sentence but went underground and absconded for more than one year from October, 1942 to November, 1943. In the body of the application, however, he neither claimed to be proclaimed offender nor did he assert himself to have fallen under the other two categories required for getting benefit of underground for more than six months. However, in the certificate attached to the application by a co -freedom fighter, namely, one Jyotish Chandra Bera, it was stated that he was a proclaimed offender and remained underground from October, 1942 to November, 1943. In another place of the same certificate, the period of underground was certified to be from November, 1942 to December, 1943. However, in this case also the certifier himself was arrested in May or June, 1942 and was detained up to the end of 1945. Therefore, the certifier, namely, Jyotish Chandra Bera could not certify that he was underground during the aforesaid period as indicated in the pervious case. Moreover, the certifier certified that the applicant was a proclaimed offender although in the body of the application the applicant did not claim to be a proclaimed offender. We have already pointed out that in order to be a proclaimed offender there must be a pending case, otherwise, the court cannot declare a person as a proclaimed offender; but in the body of the application no reference of any case number has been given.
(2.) Subsequently, the applicant relied upon another certificate given by one Jiban Krishna Chakraborty, another co -freedom fighter; he also certified that the applicant remained underground from November, 1942 to December, 1943 but in the said certificate all that was certified was that the applicant joined National Congress in 1942 and was involved in Quit India Government and in many subversive activities, like, road -cutting and Government -office -burning etc. It is further stated in certificate that due of his work, the police tried to arrest him again and again but he fled away from his house to avoid arrest. The respondent no. 2 refused to take into account the said certificate as the same was not in conformity with the form prescribed in the scheme and the certifier himself did not give details of his suffering so as to enable him to give such certificate. The certificate does not contain any statement that the applicant never prayed for reprieve.
(3.) In course of investigation, a summons under Sec. 68 of the Code of Criminal Procedure was produced in support of his claim that he was involved in a criminal case. The said summons, however, disclosed that a case under Sec. 379 of the Indian Penal Code was initiated against him and for that reason, he was required to be present in court. The respondent no. 2 did not rely upon such summons as the same was in distorted condition. Subsequently, another certificate by another co -freedom -fighter was also relied upon certifying that he was a proclaimed offender. The third certifier also described the period of abscondence from November, 1942 to December, 1943 whereas the applicant claimed to have absconded from October, 1942 to November, 1943.;