Observing that it was “not acceptable”, the Bombay High Court pulled up the Maharashtra government for dragging its feet on deciding to extend ex-servicemen's benefits to a martyr’s widow even as it has “wherewithal to take lightning speed decisions on certain issues”.
The high court emphasised that the notification of Code of Conduct for the ensuing Parliamentary elections ought not to come in the government’s way of deciding granting such benefits.
The HC was hearing a petition filed by Aakriti Sood seeking direction to the state government to grant ex-servicemen benefits.
Anuj Sood, 30, sacrificed his life on May 2, 2020, while extracting civilian hostages from terrorist hideouts in Handwara, Jammu and Kashmir. In recognition of his extraordinary bravery, he was awarded the “Shaurya Chakra” by the President of India posthumously.
HC Urges Swift Action From Maharashtra Government
The HC has kept the matter for hearing on April 10 noting that it expects the government to take a positive decision by then.
“This is not acceptable. The state government has the wherewithal to take decisions on big issues in lightning speed. This is a small issue especially for the chief minister.”
The state has contended that only those who have been born in Maharashtra or who have had a continuous stay of 15 years in the state are eligible for this relief and allowance.
HC Urges Prompt Decision For Martyr's Family Benefits Amid Code Of Conduct Constraint
Last month, the HC asked the government to take a decision on whether it could consider this as a "special case" to extend benefits to the family of a martyr.
The court was informed on Thursday that a decision on the issue could be taken only after four weeks as the model code of conduct has been notified and also due to certain administrative reasons.
The bench said the Maharashtra government should show a larger heart and take appropriate decisions, especially considering the current times.
"Take a decision on this (Sood's plea) and it will bring laurels to the Chief Minister… that a decision is taken for those who have sacrificed their lives for the country," the HC said.
High Court Urges Positive State Approach Despite Code of Conduct
The court added that any positive approach from the state government on such issues was certainly what would be expected.
"We observe that in taking such a decision, the code of conduct would certainly not come in the way as the decision would be taken by a prior order of this court. We do not find ourselves in complete agreement with these administrative difficulties," the bench noted in its order.
On a lighter note, the judges said: “We are from Maharashtra and our prefix itself is 'Maha' and hence we should have a large heart."
Aakriti Sood's Plea Challenges Denial Of Benefits Over Maharashtra Residency
Aakriti Sood in her plea had challenged the communication received from the government on August 26, 2020, denying benefits claiming that Sood was not born in Maharashtra or residing in the state for the last 15 years.
The plea contended that the family had been residing in Maharashtra for the last 15 years as wished by her late husband. She added that Sood always intended to reside in Pune, Maharashtra.
