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This is an archive article published on March 6, 2012

High Court seeks historian’s help to locate legal heirs of freedom fighters

The court wants the Punjab govt to return the land,seized by the British,or adequately compensate the heirs and has sought the help of historian and lawyer M J S Waraich.

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To ensure that legal heirs of freedom fighters are returned their land or are adequately compensated,the Punjab and Haryana High Court on Monday entrusted the responsibility of apprising the court on genuine legal heirs,to historian and lawyer M J S Waraich.

Refusing to invite names of claimants through newspapers advertisements,the high court has instead sought the expertise of Waraich,who is a historian and has been dealing with the cases of freedom fighters for the past several years. The court has also appointed advocate J S Mehndiratta as an amicus curiae in the case. The high court has asked Waraich to give names of genuine claimants to the court,which will then hand over the list to the Punjab government.

The directions were passed on Monday during the resumed hearing of a public interest litigation (PIL) filed by Waraich,who had moved the court seeking directions for restoration of land belonging to freedom fighters,snatched by the British. The bench also referred to one such case wherein the state has decided to award a compensation of Rs 35 lakh to the legal heirs of one freedom fighter,Harnam Singh. Terming the litigation as “serious and significant” the division bench refused to entertain the claim made by Punjab that no land of any freedom fighter remains to be returned.

The Indian Express was the first to report on April 21,2011 that the high court had directed Punjab to return the lands of all freedom fighters in the state which were “confiscated by the British regime”. The court had also directed the state to involve the Land Revenue Department,Finance Department and other departments for identifying the legal heir(s) of freedom fighters. The Chief Secretary,Punjab had been asked to coordinate activities of different departments that will be involved in this exercise.

The petitioner,M J S Waraich had highlighted the case of one such freedom fighter,Harnam Singh,who has been struggling to get his land released from Punjab government for the past two decades. Taking a strong view of the case,the high court had ruled: “Though some kind of policy has been framed by the state government stipulating,inter alia,a cut off date for submission of applications for return of such land,we are of the view that return of confiscated land not only to the petitioners but also to all freedom fighters is a fundamental obligation of the state”.

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