- (1.) The petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing the order dated 26.03.1990 (P-5) whereby the pension granted to him by the Central government under the Freedom Fighter Pension Scheme was suspended.
(2.) The petitioner was issued a notice (P-5) to explain why the provisional pension granted to him be not cancelled on the following grounds:- "1. Shri Surain Singh was not a bonafide freedom fighter as he never went to jail or remained underground against warrant of arrest in connection with freedom struggle. 2. He had not furnished affidavit duly sworn in before a Judicial Magistrate Ist Class as required. 3. The details of his age and residence furnished by him in his application and/or affidavit are be correct. Government of India in the year 1966 formulated a scheme for the grant of Freedom Fighter Pension to those Freedom Fighters who had undergone imprisonment for the period of 03 months. The period of imprisonment required for the sanction of Freedom Fighter Pension was subsequently increased or decreased as per instructions of Government of India issued from time to time. Under the said scheme, some of the genuine Freedom Fighters who had undergone jail sufferings for the cause of the country were entitled to get doles of pension merely on the production of jail certificates issued by the competent authority. Some of the genuine freedom fighters could not get the freedom fighter pension because of the reason that they could not produce the jail certificates issued by the competent authority. Government of India thus decided to change the modality and policy by not insisting upon the production of jail extracts in proof of jail sufferings. Government of India ordered the concerned department to accept the co-prisoner certificate issued by legislatures and Parliamentarian or co-prisoner who had been granted Freedom Fighter Pension by the Government of India.
(3.) The petitioner after coming to know about this scheme had applied for grant of pension. His application was supported with the certificates of co-prisoners namely Sher Singh and Gulzar Singh who were with the petitioner in the same jail w.e.f 20.08.1942 to 14.08.1943 and Gopal Singh Quami remained with the petitioner from 20.10.42 to 15.06.43 and Som Parkash Gir remained with the petitioner w.e.f 20.10.42 to 26.4.43 in the Central Jail Lahore.;