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Fighting Against Militancy Doesn’t Qualify for Freedom Fighter’s Pension: J&K High Court

In a recent ruling, the High Court of Jammu & Kashmir and Ladakh at Srinagar has determined that individuals who have fought against militancy are not eligible for the Swatantrata Sainik Samman Pension Scheme (SSSP scheme), which is designed to provide financial support to freedom fighters.

The judgment, issued by Justice Sanjay Dhar, addressed a petition filed by Noor Ahmad Shah, who sought inclusion in the government’s pension scheme, claiming recognition as a freedom fighter based on his individual efforts in combating militants. Shah presented an appreciation certificate from the Indian Army, acknowledging his contributions in the Kupwara district, as evidence of his service.

However, the respondent-authorities argued that only those who actively participated in the national freedom struggle and met the specific eligibility criteria outlined in the Swantantrata Sainik Samman Yojna were entitled to benefits under the SSSP scheme.

In alignment with the government’s position, the High Court ruled that Shah’s claim did not meet the required criteria and subsequently dismissed the plea.

The judgment, delivered on 4 September 2023, marks the conclusion of this legal dispute, with Shah’s request for inclusion in the pension scheme being denied by the High Court.

Advocate IA Sofi represented the petitioner, while Deputy Solicitor General Tahir Majeed Shamsi appeared on behalf of the respondent-authorities.

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