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The applicant Shri.C.K.Sukumaran in his application dated 23.10.1998 claimed that he was arrested by the Attingal and Quilon Police and detained in the lock up without trial due to his participation in the freedom struggle during 1938 - 1947 for the following spells 21.09.1938 - 25.03.1939; 17.08.1942 - 21.02.1943 and 15.01.1947 - 20.08.1947, ie., a total of one  year, seven months and 13 days without trial.

Exhibit P35 is the copy of the Co-prisoner Certificate issued by Shri.R.Achuthan Ex.M.P. & Ex.M.L.A, wherein it is certified that the applicant was lodged in the Attingal and Quilon police lock-up during the periods 21.09.1938 - 25.03.1939 ; 15.01.1947 to 20.08.1947. Even though the certifier claimed that he suffered imprisonment during the freedom struggle and was lodged in Attingal Varkala and Quilon lock-ups for the periods 21.09.1938 - 25.03.1939, 10.05.1939 - 21.12.1939 ; 09.08.1942 - 25.11.1942 ; 15.01.1947 to 20.08.1947 it is not clear whether he was convicted in any case. More over even though the certifier claimed around two years of imprisonment the fact that whether he was in receipt of Swatantrata Sainik Samman Pension cannot be adduced from the certificate.

In the Exts P16 the Sub-Inspector of Police Attingal, had informed the petitioner that the records in respect of the freedom fighters in that police lock-up during 1114 and 1115 (1938 and 1939) are not seen and hence denied the certificate applied for by the petitioner. In Ext P17 (application dated 04.09.1999 addressed to the Hon'ble CJM, Thiruvananthapuram for jail records/Non-availability of Records certificate) the applicant claimed that as a freedom fighter he was arrested and detained in the Attingal Police lock up from 21.09.1938 to 25.03.1939 and 17.08.1942 to 21.02.1943 (cc.No.66/1942) without trial and had requested copy of jail records/Non- availability of Records Certificate of the respective periods. As the records for the above period were not available, the application was rejected.

Ext P18 is an affidavit on the date of birth of the applicant.

In Ext P21 application dated 11.10.2001 made before the CJM Thiruvananthapuram the applicant claimed lock-up sufferings at Attingal police station for the periods 21.09.1938 to 25.03.1939 ; 17.08.1942 to 20.02.1943 ; 15.01.1947 to 20.08.1947 and had requested for jail records/Non-availability of Records Certificate. This application was also rejected due to lack of records. It is noteworthy that even though the claims made in ext P17 and Ext P21 are different the two applications are disposed of in the same manner.

"In the Exts.P16 the Sub-Inspector of Police Attingal, had informed the petitioner that the records in respect of the freedom fighters in that police lock-up during 1114 and 1115 (1938 and 1939) are not seen and hence denied the certificate applied by the petitioner. In Ext.P17 (application dated 4.9.1999 addressed to the Hon'ble CJM, Thiruvananthapuram for jail records/Non- availability of Records Certificate) the applicant claimed that as a freedom fighter he was arrested and detained in the Attingal Police lock up from 21.09.1938 to 25.3.1939 and 17.8.1942 to 21.2.1943 (cc.NO.66/1942) without trial and had requested copy of jail records/Non-availability of Records Certificate of the respective periods. As the records for the above period were not available the application was rejected".