Scam taint on freedom fighters, martyrs' pension scheme
The home ministry had in 2009 made a shocking submission before the Central Information Commission that there were 7 lakh pension applications but only 1.7 lakh cases were sanctioned after thorough verification.
India may have just celebrated its 69th Independence Day but the Centre has no record of freedom fighters and martyrs even as allegations abound of massive irregularities in withdrawal of pension marked for these categories.
The last on this subject was heard in 2009 when the home ministry made a shocking submission before the Central Information Commission (CIC) that there were 7 lakh pension applications but only 1.7 lakh cases were sanctioned after thorough verification.
From where did the remaining 5.3 lakh applicants procure documents necessary to apply for pension? This in itself pointed to a massive scam.
The ministry had also admitted before the commission that there was no consolidated list of freedom fighter pensioners and assured it that steps would be taken to compile one.
Intervening in the issue, the Supreme Court has now asked Al-Hind Party - a political group that filed a PIL seeking a direction to the Centre to publish a comprehensive list of Indian martyrs from 1857 to 1947 to prevent the abuse -- to approach the Delhi High Court.
"We understand it is a very serious issue and merits consideration. But please approach the high court, which will be better equipped to hear it," a bench headed by Chief Justice HL Dattu told Al-Hind's lawyers Saket Singh and Niranjana Singh.
The CIC had directed the ministry to compile a list way back in 2009 but the exercise has not moved an inch despite MHA having a full-fledged department - the Freedom Fighter Division - to implement the Swatantrata Sainik Samman Pension Scheme, 1980. Under the scheme, pension and related facilities are provided to freedom fighters and to the families of martyrs.
Serious concern
"We note with concern that though public money is being expended on pensions for freedom fighters, the government...does not seem to have a comprehensive list either of martyrs or of pensioners despite the fact that there is a full division of the home ministry attending to the issue of freedom fighters' pension," the Chief Information Commission had observed.
The Centre's task becomes all the more difficult as the national archives department has washed its hands of the task, saying: "Since the records are in Urdu and papers are in poor shape, the details cannot be provided." The department issued the same reply to several RTI applicants.
"We are fighting and agitating for the cause of freedom fighters so that only the genuine people are granted pension. It is shocking that the government has failed to maintain any record pertaining to freedom fighters," Al-Hind told the court.
Panna Lal, the information seeker, had moved the CIC after requests to Prime Minister's Office, home ministry, culture ministry and national archives did not yield any response.
Seeking a comprehensive list, the CIC had said it should be continually updated on the website at the rate of 100 pensioners a day. The CIC also directed that its judgment be placed before then home minister P Chidambaram.
The Swatantrata Sainik Samman Pension Scheme, 1980, defines 'freedom fighter' as a person who was jailed for at least six months before Independence. Former Indian National Army personnel are also eligible for pension even if the imprisonment was outside India.
The minimum period of actual imprisonment for eligibility to pension has been reduced to three months for women and SC/ST freedom fighters.
Al-Hind, which mainly fights for the rights of freedom fighters, moved the apex court after the home and culture ministries responded to RTI queries that no consolidated list with names of all freedom fighters has been maintained. The response was received on October 30, 2009, and April 13, 2010. Al-Hind approached the Centre again on December 12, 2014, and was informed that there is no consolidated list.
Petition
"The issue is being pushed forward and petitions are being filed to ensure that genuine freedom fighters, martyrs and their families get their due so that they are able to live with dignity," the Al-Hind petition submitted.
Before July 31, 1980, the freedom fighter's pension was given only to those in need of financial assistance. But after that, the scheme was extended to all freedom fighters.
After the home ministry assured CIC in May 2009 that the process to compile a list has been initiated, the commission had welcomed the move and hoped it would be completed within six months.
"The commission had reminded the Centre that it was necessary to expedite the process and compile the list by December 2009. But the issue remains in cold storage even six years later," Al-Hind stated.