Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4446 of 2010 ====================================================== Umanand Sharma S/O Late Deomuneshwar Mahto @ Deomuni Sharma R/O Paithan Patti, P.O - V.S. Mills , P.S -Thawe , District - Gopalganj .... .... Petitioner/s Versus 1. The Union Of India , The Commissioner Cum Secretary Ministry Of Home Affairs / Grih Mantrayalaya (Ffr Division C.Z Section) Ist Floor Lok Nayak Bhawan Khan Market, New Delhi - 110003 2. The Commissioner Cum Secretary Ministry Of Home Affairs / Grih Mantrayalaya (Ffr Division C.Z Section) Ist Floor Lok Nayak Bhawan Khan Market, New Delhi - 110003 3. The State Of Bihar Through Commissioner Cum Secretary Department Of Home (Special) Govt. Of Bihar, Patna 4. The District Magistrate Gopalganj 5. The Under Secretary, Ministry Of Home Affairs , Govt. Of India .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar Verma For the Respondent/s : Mr. (GA1) Mr. Raghib Ahsan(Asst.Sg) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 5 10-07-2012 Heard learned counsel for the petitioner, the State and the Union of India. The petitioner prays for quashing letter dated 2.4.2009, (Annexure 14) issued by the Ministry of Home Affairs, Government of India by which claim of the petitioner for grant of Swatantrata Sainik Samman Pension ( in short the pension) has been rejected on the following grounds:- (i) State Government has not forwarded the pension application of shri Devmuni Sharma. (ii) He has not furnished record based primary evidence, duly verified by the State Government in support of his claimed jail suffering. (iii) The jail certificate issued by the Superintendent Mandal Kara, Chapra about his imprisonment Patna High Court CWJC No.4446 of 2010 (5) dt.10-07-2012 2 / 5 2 stating that Shri Devmuni Sharma entered the jail on 10.9.1942 but the date of transfer to Patna Camp jail is not ascertained and it does not establish minimum period of imprisonment of six prescribed under the SSS Pension scheme, 1980. (iv) He has furnished two CPCs or Shri Siya Bihari Sharan and Shri Indrajit Singh. The certificates are not acceptable as both the certificates have not furnished any evidence of their own jail suffering of two years required to establish that they are eligible certifiers. Moreover, Shri Sharan has certified only one month jail suffering of the applicant. (v) State Government’s letter does not provide any verification of his claimed suffering from official record. (vi) State Government of Bihar has not given their specific recommendation for grant of Samman pension in his case. The petitioner’s father Late Devmuni Sharma @ Devmuneshwar Mahto applied for grant of freedom fighters’ Pension which was turned down by the Ministry of Home Affairs, Union of India vide letter dated 16.11.1975 as the application was not in appropriate form. He again submitted an application which too was rejected vide letter dated 16.8.1993 on the following grounds:- (a) It is not clear that whether Deomuni Sharma and Devmuneshwar Mahto is the same person or not (b) whether he had undergone three months imprisonment against six months required imprisonment for getting pension (c) His imprisonment appears to be not probable, as he was only nine years old in the year 1942 and (d) His signatures on the applications in 1972 and 1991 are in different impressions. A copy of letter dated 16.8.1993 is contained in Annexure 3 to the writ petition. Patna High Court CWJC No.4446 of 2010 (5) dt.10-07-2012 3 / 5 3 The petitioner submits that his father died on 6.11.2009. The District Magistrate, Gopalganj had issued Letter no. 508 dated 29.8.1998 stating that Devmuni Sharma and Devmunishwar Mahto is one and same person. He further submits that as per affidavits of Sri Baijnath Singh, Awadh Bihari Singh and Indrajeet Singh, co-prisoners, his father was imprisoned in camp jail in connection with a case under [STATUTE] which was heard by the Sub Divisional Officer, Gopalganj on 9.9.1942. Copies of affidavits are contained in Annexures 7, 8 and 9. The petitioner further refers to a certificate dated 20.11.1998, contained in Annexure 6, issued by the office of the Chief Medical Officer, Gopalganj stating that Shri Mahto was 74 years old. The Jail superintendent, Gopalganj has given a letter to the Deputy Commissioner, Gopalganj dated 25.2.1988 stating that there is no record regarding the period of custody as the record room was damaged on account of rain water entering the room. The Superintendent of Police also reported that there is no register for the period 1942. The petitioner has referred to Annexure 12, a Letter dated 31.1.1982 issued by the Ministry of Home Affairs, Government of India to the Chief Secretaries of the States in support of his case that flogging/whipping or coning awarded by court is recognized as qualifying suffering for the purpose of Patna High Court CWJC No.4446 of 2010 (5) dt.10-07-2012 4 / 5 4 grant of the pension which would be treated at per with six months imprisonment. The petitioner further submits that as his father fulfilled these conditions, the State Government made recommendation vide its letter dated 24.5.1993, for grant of the pension. Counsel for the Union of India submits that the certificates of two co-prisoners are not acceptable as none of them have furnished any proof of their own jail suffering of two years required to establish that they are eligible certifiers. Moreover, Shri Sharan has certified only one month jail suffering of the applicant. Furthermore as per the Union of India scheme, if the records are not available and non availability of records certificate is issued, still grant of the pension can be considered if the petitioner produces the secondary evidence in form of two co-prisoners certificates (CPC) from freedom fighters

Applicable IPC Section: 186

Statute Text:
Section 186 of the Indian Penal Code. Obstructing public servant in discharge of his public functions. Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.