Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-01-31 dismissed

Jagdamba Devi vs Union of India and Ors

Bench: 2 — R. Banumathi

In Brief

A widow of Hari Kant Jha, a freedom fighter from the 1942 independence movement, sought dependent family pension under the Swatantrata Sainik Samman Pension Scheme, 1980. She claimed he remained 'underground' for over six months. The Supreme Court held that the Scheme is document-based: claims must be supported by primary evidence (court/government orders) or, if unavailable, a Non-Availability of Records Certificate (NARC) from the State Government plus a veteran freedom fighter's certificate. The Court found the applicant failed to produce a NARC and lacked documentary proof that the deceased was formally proclaimed a fugitive. Being an 'absconder' does not equal 'underground' status. The appeal was dismissed, upholding the High Court's decision and Central Government's rejection of the claim.

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