Bombay HC fumes over state govt delay in taking decision to extend benefits to martyr's widow

Mumbai: The Bombay High Court on Thursday rapped the Maharashtra government, saying that while it takes lightning speed decisions on certain issues, it is dragging its feet on whether to extend monetary benefits to a martyr's widow.

A division bench of Justices G S Kulkarni and Firdosh Pooniwalla said the government's delay in taking a decision on such an important issue was not acceptable.

It said taking a decision for the family of martyrs would bring the government laurels.

"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 court said.

The bench was hearing a petition filed by Aakriti Sood, widow of late Major Anuj Sood, seeking benefits (monetary) for ex-servicemen under two government resolutions issued in 2000 and 2019.

The court posted the matter for further hearing on April 10 and said it expects the government to take a decision by then.

Major Sood lost his life on May 2, 2020, when he was rescuing civilian hostages from terrorist hideouts. He was awarded the Shaurya Chakra posthumously.

According to the Maharashtra government, 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.

The high court had last month 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 bench was on Thursday informed by assistant government pleader P J Gavhane that a decision on the issue could be taken only after four weeks as the model code of conduct has been notified for the ensuing Lok Sabha elections and also due to certain administrative reasons.

The court expressed its displeasure and said such reasons are not acceptable.

"This delay on these grounds is not acceptable. Some proposals are moved overnight and lightning speed decisions are taken when the government wants," the court said.

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 he is helping people...that a decision is taken for those who have sacrificed their lives for the country," the HC said.

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 HC said.

On a lighter vein, the high court said, "We are from Maharashtra and our prefix itself is 'Maha' and hence we should have a large heart." 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.