Allahabad High Court: Upholds Claimant’s Right Under U.P. Fighters of Democracy Honour Act

In a recent judgment, the Allahabad High Court reaffirmed the principle that the mere existence of criminal allegations does not automatically disqualify a claimant from seeking benefits under the Uttar Pradesh Fighters of Democracy Honour Act 2016. The court’s decision came in the case of Muhammed Rasheed Khan vs State of U.P. and Ors., heard by Hon’ble Mrs. Justice Saumitra Dayal Singh and Hon’ble Mr. Justice Surendra Singh.

Case Background: The petitioner sought to challenge the rejection of his claim under the U.P. Fighters of Democracy Honour Act 2016 by the state authorities. The authorities contended that the petitioner’s detention was not political but due to alleged criminal activities.

Respondent’s Contentions: The state authorities argued that the petitioner’s detention was based on allegations of criminal activities rather than political reasons.

Court’s Observations and Decision: The Allahabad High Court noted the lack of detailed information regarding the petitioner’s detention and observed that the mere existence of criminal allegations does not automatically disqualify the petitioner from claiming benefits under the Act. The court highlighted that the Act does not exclude individuals detained under allegations of criminal offenses from its purview.

The court emphasized that the District Magistrate must ascertain whether the petitioner was detained primarily for political reasons, notwithstanding any additional criminal allegations. In the absence of substantial evidence to refute the petitioner’s claim, the court presumed that the petitioner was a political detainee.

Final Verdict: In light of the above observations, the court allowed the petition, overturned the impugned order, and directed the District Magistrate to issue the petitioner an appropriate certificate under the U.P. Fighters of Democracy Honour Act 2016.

Conclusion: The judgment underscores the court’s commitment to upholding the rights of individuals entitled to benefits under special enactments like the U.P. Fighters of Democracy Honour Act 2016. It emphasizes the importance of ensuring that the application of such laws is not unduly restricted based solely on the existence of criminal allegations, thereby safeguarding the principles of justice and fairness.

[Case Title: Muhammed Rasheed Khan vs State of U.P. and Ors. Coram: Hon’ble Mrs. Justice Saumitra Dayal Singh and Hon’ble Mr. Justice Surendra Singh Case No.: WRIT – C No. – 31840 of 2019 Advocate for the Petitioner: Hari Mohan Srivastava, Anuj Srivastava, Manish Dwivedi, Neeraj Srivastava Advocate for the Respondent: C.S.C]

 If you like this law news, share it with a friend!