This Article is From Aug 31, 2014

After 16 Years of Wait, High Court Asks to Provide Freedom Fighter's Pension

Ahmedabad: Pulling up the Centre as well as the Gujarat Government for demanding documents from a freedom fighter, proving his association with Mahatma Gandhi's 'Quit India' movement, the Gujarat High Court has directed them to provide pension to his heirs.

Justice Sonia Gokani on Friday directed the State as well as the Union Government to provide, within four months, the pension of freedom fighter Balvantrai Vyas, who died during the pendency of the case, to his descendants.

Vyas had applied for pension in March 1998 under the 'Samman Pension Scheme', but the Gujarat Government had asked for documents to prove his claim that he was a freedom fighter, which he failed to.

After his death, his family members continued with his legal fight for pension. "An old man cannot be expected to compile documents half a century after the freedom struggle," the High Court order said while setting aside state government's claims that Vyas could not produce the documents through which he could have proved that he had been jailed and associated with the 'Quit India' movement.

"In the present day scenario, it would be unthinkable that a teenager between 13 and 16 years, would choose to fight for the country and go underground by actively participating in the freedom movement," the court order said. It further added, "The pages of history are full of such valour and this case cannot be said to be so exceptional.

Thousands of such young persons had contributed and inclusion of such category in the rules also further vindicates that the makers of the rules and procedure were aware of this reality." 
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