Punjab-Haryana High Court
**** vs Union Of India & Anr on 13 September, 2012
Author: Surya Kant
Bench: Surya Kant
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
****
CWP No.5370 of 2001 (O&M)
Date of Decision: 13.09.2012
****
Jagan Nath @ Bhola . . . . Petitioner
Vs.
Union of India & Anr. . . . . Respondents
****
CORAM : HON'BLE MR.JUSTICE SURYA KANT
****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
****
Present: Mr. MS Sidhu, Advocate for the petitioner
Mr. Gurpeet Singh, Senior Panel Counsel and
Mr. Susheel Gautham, Advocate for UOI
Mr. Manoj Bajaj, Addl. AG Punjab
****
SURYA KANT,
KANT, J. (ORAL)
(1). The petitioner is aggrieved by the order dated 22.03.2000 (Annexure P17) passed by Union of India and seeks quashing thereof with a direction for grant of Freedom Fighters Pension in accordance with the Swatantrata Sainani Samman Pension Scheme, 1980. (2). The case of the petitioner as pleaded in the writ petition is that while participating in the Freedom Movement of the Nation before 1947, he committed murder of an English lady in the year 1943 to achieve the cause of 'Independence' for which he was tried under Section 302 and 394 IPC and was sentenced to undergo rigorous imprisonment for life by the Sessions Judge, Gujjaranwala (now in Pakistan) on 25.03.1947. The petitioner was initially lodged in the Central Jail, Gujjaranwala but on partition of the country, he was CWP No.5370 of 2001 -2- transferred to the Central Jail at Ferozepur on 04.11.1948. The petitioner was released on 28.10.1950 on furnishing security in terms of the Punjab Government letter dated 14.10.1950. The afore-stated facts, to the extent of commission of offence by the petitioner or his conviction and the period of imprisonment, are not disputed. (3). The petitioner, on the strength of the above-mentioned facts, was awarded Tamarpatra on August 15, 1972 (Annexure P1). His case for Freedom Fighters Pension was also recommended firstly on 22.02.1974 and again on 15.10.1985 (Annexure P3) by the Punjab Government. To cut short the long story, the petitioner's plea is that he threw Captain Miss Heran out of the train causing her death as a part of Freedom Movement, has been rejected by the Union of India on the premise that commission of such a heinous offence does not and cannot relate to the Freedom Movement of the Nation. The State of Punjab has also taken somewhat plea in its revised stand. The respondents have taken afore-stated decision on the basis of a certificate issued by the Jail Authorities of Central Jail, Ferozepur to the effect that the petitioner was convicted for 20 years rigorous imprisonment in a case of murder and robbery and there was no record to relate his imprisonment to Freedom Movement.
(4). The crucial issue, in my considered view, is whether the murder of a woman of British origin was committed by the petitioner as a result of his perception that Independence could be achieved through violent means or was it a case of simpliciter murder, with or CWP No.5370 of 2001 -3- without the motive of robbery, of a hapless woman irrespective of her nationality. The aforesaid question can be effectively answered after going through the contents of the judgement dated 25.03.1947 of the Sessions Judge, Gujjaranwala convicting and sentencing the petitioner for 20 years' RI under Section 302/394 IPC. The factum of sentence awarded to the petitioner is duly mentioned in the record of the Central Jail, Ferozepur where the petitioner was registered as prisoner No.5118/C. (5). It is, however, equally important to mention here that in his application form for the grant of Swatantrata Sainani Samman Pension (Annexure R1/1), the petitioner has stated that he was sentenced to death by Mr. Ismail, the then Sessions Judge, Lahore in 1946 though he remained lodged in Gujjaranwala jail. Was it a different case or the death sentence was commuted to life imprisonment, is also not known for want of records. (6). Copies of the above-mentioned judgement(s) are/is the only conclusive proof to determine the petitioner's status and the same, in my considered view, can be obtained by the first respondent invoking its Diplomatic channel through the Consulate General of Pakistan in India at New Delhi.
(7). The writ petition is accordingly disposed of with a direction to respondent No.1 to invoke its Diplomatic channel; obtain the copy(ies) of the judgement(s) whether of Sessions Judge, Gujjaranwala or Sessions Judge, Lahore, as the case may be, whereby the petitioner CWP No.5370 of 2001 -4- was convicted, and re-determine his entitlement for Freedom Fighters' pension after going through the contents of those judgement(s). It shall be advisable for the Union of India to take the appropriate decision after obtaining legal opinion on the judgement(s). The entire exercise shall be completed by the Union of India within a period of six months from the date of receipt of a certified copy of this order.
(8). Ordered accordingly.
13.09
13.09.2012
.09.2012 (SURYA KANT)
vishal shonkar
Judge