Affidavits Of Similarly Situated Detenues Sufficient To Determine If A Person Was MISA Prisoner During Emergency, Jail Certificate Not Must: MP High Court

A single-judge bench of Justice Milind Ramesh Phadke sitting at Gwalior thus quashed an order which rejected an application for grant of statutory pension on the ground that no certificate of either the District Magistrate or the Jail Authorities or the concerning police station was filed to demonstrate that the petitioner's husband was a MISA/DIR detenu. The Madhya Pradesh High Court has held that affidavits of two similarly situated detenues are sufficient to determine that a person was detained in the prison as a prisoner under the Maintenance of Internal Security Act 1971 and under the Defence of India Rules during emergency period. In the aforesaid context, if the application of the present petitioner which was filed on 31.05.2013 is seen, it is appended along with the affidavits of two prisoners who were detained in jail as a MISA/DIR prisoners.who had categorically stated on affidavits that the husband of the petitioner.was also detained in prison along with them as a MISA/DIR detenu which according to this Court was a sufficient compliance which has totally been ignored by the authorities while considering the application of the petitioner.” The counsel for the petitioner contended that the impugned order was illegal and a non-speaking order which failed to provide even the basic reasons for discarding the application of the petitioner for seeking pension under the Lok Nayak Jaiprakash Narayan Samman Nidhi Niyam, 2008. The Counsel for the State submitted that the application of the petitioner for grant of special pension under Rules, 2008 had rightly been rejected as no certificate of either the District Magistrate or the Jail Authorities or the concerning police station was filed to demonstrate that the petitioner was a MISA/DIR detenu which as per Rules, 2008 was basic requirement.