J&K High Court: Freedom Fighter’s Pension Excludes Those Who Fought Against Militancy

LI Network

Published on: 05 September 2023 at 11:48 IST

The Jammu and Kashmir High Court, in a recent judgment, have clarified that individuals who have fought against militancy are not eligible for the freedom fighter’s pension provided under the Swatantrata Sainik Samman Pension Scheme (SSSP scheme).

This ruling was delivered in the case of Noor Ahmad Shah V/s Union of India and Ors. by Single-judge Justice Sanjay Dhar.

Justice Sanjay Dhar emphasized that the SSSP scheme is exclusively intended for those individuals who actively participated in the national freedom struggle, thereby making them eligible for the benefits offered under the scheme.

The case before the High Court revolved around a plea filed by Noor Ahmad Shah, who sought government authorities’ direction to recognize him as a freedom fighter and include him in the category eligible for the Swantantrata Sainik Samman Pension Scheme, which is administered by the Indian government.

Shah argued that he had rendered commendable services to the government by individually fighting against various militants. He pointed out that he had received an appreciation certificate from the Indian Army for his efforts in the Kupwara district.

In response, the government authorities contended that only those individuals who actively participated in the freedom movement and met the eligibility criteria specified in the Swantantrata Sainik Samman Yojna were entitled to receive benefits under the SSSP scheme.

The High Court concurred with the government’s position, ruling that the petitioner’s claim lacked merit. As a result, the plea was dismissed.

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