Keywords: Pension scheme, SSSP scheme, J&K High Court, State Government.
The Jammu and Kashmir High Court have said that individuals who have fought against the militancy are not eligible for the freedom fighter’s pension given under the Swatantrata Sainik Samman Pension (SSSP Scheme). The verdict was delivered in the case of Noor Ahmad Shah v. UOI by the single judge bench, Justice Sanjay Dhar.
The plea was filed by Noor Ahmad Shah in the hon’ble court seeking to include him in the category of freedom fighters under the Swatantra Sainik Samman Pension Scheme initiated by the government. He stated that he has rendered exclusive services while against militants in his private capacity. He further added that he was conferred with an appreciation certificate by the Indian Army.
The court has argued that only those can avail the facilities of pension under the SSSP scheme who have actively participated in the freedom movement and fulfill the eligibility criteria given in the SSSP scheme. According to the scheme, a freedom fighter is one who has suffered a minimum period of six months imprisonment in the mainland jails before independence. The detention under the orders of competent authority will be considered.
The hon’ble High Court agreed with the contention of government to avail the scheme to whom who fits under the eligibility provision of the respective scheme and ruled over the plea by stating that the petitioner lacked merit.
Name- Aayushi Arun Satyadeo , College Name- Bharati Vidyapeeth University, New Law College, Pune., Sem- IIIrd, an intern under Legal Vidya
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