Person who has fought against militancy not eligible for freedom fighter's pension: Jammu & Kashmir High Court
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The High Court of Jammu and Kashmir and Ladakh recently ruled that a person who has fought against militancy is not eligible for freedom fighter's pension under the Swatantrata Sainik Samman Pension Scheme (SSSP scheme) [Noor Ahmad Shah V/s Union of India and Ors.].
Single-judge Justice Sanjay Dhar clarified that it is only those persons who have participated in the national freedom struggle who are entitled to benefits under the scheme.
The High Court was hearing a plea by one Noor Ahmad Shah seeking direction to the government authorities to include him in the category of freedom fighters under the Swantantrata Sainik Samman Pension Scheme instituted by the government of India.
Shah further sought a direction to consider him as a freedom fighter in terms of the pension scheme.
Shah stated that he has rendered exemplary services for the government while fighting against various militants in his individual capacity. He pointed out that he was also conferred an appreciation certificate by the Indian Army operating in the Kupwara district.
The respondent-authorities, however, countered that only those persons who have participated in the freedom movement and fulfill eligibility criteria laid down in Swantantrata Sainik Samman Yojna are eligible for grant of benefits under the SSSP scheme.
The High Court agreed with the government's stance and ruled that the claim of the petitioner lacked merit. It, therefore, dismissed the plea.
Advocate IA Sofi appeared on behalf of the petitioner while Deputy Solicitor General Tahir Majeed Shamsi appeared on behalf of the respondent-authorities. (Via Bar and Bench)