Rajasthan High Court - Jodhpur
Shanti Lal Jain And Anr. vs State Of Rajasthan And Anr. on 19 January, 2016
Author: Arun Bhansali
Bench: Arun Bhansali
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
1. D.B.Civil Writ Petition (P.I.L.) No.5785/2015
Shanti Lal Jain and anr. V/s State of Rajasthan and anr.
2. D.B. PIL Petition No.5691/2015
Kanti Lal Parihar V/s State of Rajasthan and anr.
19.1.2016
HON'BLE THE ACTING CHIEF JUSTICE MR.AJIT SINGH
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr.Narpat Singh ) Mr.Rajat Arora )-for the petitioners. Mr.Sanjeet Purohit ) Mr.N.M.Lodha, Advocate General )
Dr.P.S.Bhati, Additional Advocate General ) for the respondents. Mr.Dev Raj Bohra ) Mr.V.D.Dadhich )
1. In the present public interest litigation, the petitioners have challenged the validity of Rajasthan Pension to MISA (Maintenance of Internal Security Act) and DIR (Defence of India Rules) Prisoners Rules, 2008 (in short, "the Rules"). According to these Rules, pension of Rs.12,000/-p.m. is provided to those prisoners, who were arrested and kept in jail for more than one month during the period of emergency between 1975 and 1977. Such prisoners have also been provided Rs.1200/- p.m. as medical allowance. And on the death of prisoner, the benefit of payment of pension is to be continued in favour of his/her spouse.
2. It is argued that in the State of Rajasthan lakhs of people are homeless and living below the poverty line and yet the State Government instead of extending any relief to them has taken a policy decision to give pension to prisoners under MISA/DIR purely on political considerations. But, it is to be noted that the State Government has taken a policy decision to give benefit of pension and medical allowance to prisoners arrested and kept in jail for more than one month between the years 1975 and 1977, during the period emergency was imposed when persons were arrested merely on social and political considerations. Also the Rules for grant of pension have been framed under Article 162 of the Constitution. Similar Rules have also been framed by the States of Uttar Pradesh and Bihar and the respective High Courts of Uttar Pradesh and Bihar vide orders dated 2.5.2012 passed in Writ 2 Petitions No.4200 (MB) and 4205 (MB) of 2010 and 24.1.2014 passed in Civil Writ Jurisdiction Case No.7472 of 2009 have upheld their validity. We also find ourselves in complete agreement with the view taken by the High Courts of Uttar Pradesh and Bihar. It is stated in the reply of the State of Rajasthan that a special separate budget has been created for grant of pension to prisoners, who were arrested and kept in jail on political and social considerations for more than a month during the period of emergency. The State Government has also given the details of various social schemes under which reliefs are being provided to poor persons. For these reasons, we find no good ground to interfere with the policy decision of the State Government.
3. The petitions are devoid of any merit. They are, therefore, dismissed. A copy of this order be also kept in the connected petition no.5691/2015.
(ARUN BHANSALI), J. (AJIT SINGH), Actg.CJ. Parmar