Case Note & Summary
The petitioner, Shivram s/o Rama Lokhande, filed a writ petition challenging the order dated 9.10.2012 passed by respondent no.2 (Freedom Fighter's High Power Committee) rejecting his claim for Sanman Pension as an underground freedom fighter. The petitioner claimed to have participated in the Hyderabad Mukti Sangram during 1947-48 as an underground worker, performing activities such as campaigning against the Nizam, distributing pamphlets, collecting funds, supplying arms, providing meals, sharing secret information, arranging attacks on police, cutting trees on government land, and arranging meetings. He claimed to have worked under veteran freedom fighters Wamanrao Lokhande and Khanderao Khalse and taken training at Jambhora Camp. The respondents rejected the claim on the ground that the petitioner failed to produce contemporaneous documentary evidence to support his claim of underground activity. The Court, after hearing arguments, upheld the rejection, holding that the burden of proof lies on the claimant to produce contemporaneous records, and mere oral statements or certificates from other freedom fighters are not sufficient. The petition was dismissed.
Headnote
A) Freedom Fighter Pension - Sanman Pension - Eligibility - Documentary Evidence - The petitioner claimed Sanman Pension as an underground freedom fighter for participation in Hyderabad Mukti Sangram (1947-48). The claim was rejected by the High Power Committee for lack of contemporaneous documentary evidence. The Court held that mere oral assertions and certificates from other freedom fighters are insufficient; the petitioner must produce contemporaneous records to prove underground activity. (Paras 2-6)
Issue of Consideration
Whether the petitioner is entitled to Sanman Pension as an underground freedom fighter for participation in the Hyderabad Mukti Sangram.
Final Decision
Writ petition dismissed. Order dated 9.10.2012 rejecting claim for Sanman Pension upheld.
Law Points
- Freedom fighter pension
- burden of proof
- documentary evidence
- contemporaneous records
- Hyderabad Mukti Sangram
