The High Court of Chhattisgarh has dismissed a writ appeal filed by a 74-year-old resident of Raipur, seeking the release of “Samman Nidhi” under the Lok Nayak Jai Prakash Narayan (MISA/D.I.R. Rajnaitik Ya Samajik Karno Se Niruddha Vyakti) Samman Nidhi Niyam, 2008. A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal affirmed that a claimant must satisfy the requirement of being detained solely for political or social reasons to be eligible for the honor.
Background
The appellant, Ramgulam Singh Thakur, claimed to be a socio-political worker and student leader during the 1970s. He asserted that he participated in the “Kisan Movement” against the State Government’s levy policy and was subsequently detained under the Maintenance of Internal Security Act (MISA) following the declaration of Emergency on June 25, 1975. Thakur stated he remained in Central Jail, Raipur, from August 31, 1975, to January 10, 1977.
In 2009, he applied for the Samman Nidhi—a financial honor for those detained for political or social reasons during the Emergency. However, the Collector of Raipur rejected his application in 2010 based on a police report indicating several criminal cases were registered against him. After a Single Judge dismissed his writ petition (WPC No.1046/2015) on August 30, 2024, the appellant approached the Division Bench.
Arguments of the Parties
Counsel for the appellant, Mr. Manoj Kumar Dubey, argued that the detention under MISA was originally ordered under Section 3(1)(a)(ii) for reasons relating to the security of the State or maintenance of public order. He contended that the introduction of the expression “Rajnaitik ya Samajik Karno Se Niruddha Vyakti” (Persons detained for political or social reasons) in the 2008 Rules was inconsistent with the parent statute and should be declared ultra vires. He further argued that the criminal cases cited by the State pertained to the period after 1977 and that the appellant had no convictions.
Conversely, Additional Advocate General Mr. Shashank Thakur, representing the State, argued that Rule 6 of the 2008 Rules specifically restricts the benefit to those detained “purely for political or social reasons” who do not have “criminal antecedents or involvement in anti-social activities.” The State produced an affidavit showing 32 criminal and anti-social cases registered against the appellant between 1974 and 1986, noting that his name remains on the current surveillance list.
Court’s Analysis
The Court examined the eligibility criteria under Rule 6 of the Rules, 2008. It noted that the State provided categorical reports from various Superintendents of Police stating that the offences registered against the petitioner were “of criminal in nature and not of political and social nature.”
The Bench observed that the appellant had failed to independently challenge the decision of the Committee constituted under the 2008 Rules, which had formally rejected his application. The Court remarked:
“In the absence of a challenge to the Committee’s decision, this Court cannot substitute its own opinion for that of the statutory authority.”
Regarding the appellant’s challenge to the wording of the Rules, the Court stated:
“The appellant’s contention regarding ultra vires does not, in the present context, provide a sufficient basis for interfering with the impugned order of the learned Single Judge.”
The Court found no evidence of mala fide or discriminatory conduct by the State, noting that the grant of Samman Nidhi is a “matter of statutory discretion exercised in accordance with Rule 6.”
Decision
The Division Bench concluded that the appellant failed to demonstrate any manifest illegality or error of law in the administrative rejection of his claim. Affirming the Single Judge’s order, the High Court dismissed the writ appeal.
The Court recorded the following Head Note:
“Failure to satisfy the requirement of detention solely for political or social reasons is fatal to a claim for Samman Nidhi under the Lok Nayak Jai Prakash Narayan (MISA/DIR Rajnaitik Ya Samajik Karno Se Niruddha Vyakti) Samman Nidhi Niyam, 2008.”
Case Details
- Case Title: Ramgulam Singh Thakur vs. State of Chhattisgarh & Anr.
- Case Number: WA No. 752 of 2024
- Bench: Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal
- Date: March 16, 2026
