Supreme Court: Authorities must take practical approach to freedom fighter pension claims

The Supreme Court addressed whether the claim should be honored despite the delay and the standard of proof required for such claims.

Who it concerns: Appellant: Sushila Tripathi; Respondents: State of Madhya Pradesh & Anr; Bench: Not stated in the provided text.

What the court decided

• The Court held that the grant of Samman Nidhi is an obligation of gratitude and recognition, not compensation.
• The Court stated that the standard of proof is based on probabilities, not criminal trial standards, and claims cannot be defeated merely due to delay.
• The Court noted that the manner of examining the claim is part of the recognition conferred by the Scheme.

Also in the document

• The provided text is truncated and does not contain the final operative order (e.g., whether the High Court judgment was set aside or the pension was specifically directed to be paid).
• The Court emphasized that the obligation of gratitude reaches the families who bore the cost of the freedom fighters' sacrifice.
• The Court referenced the Constituent Assembly Debates and Article 51A(b) of the Constitution to support the view that honoring freedom fighters is a constitutional duty.