The Madhya Pradesh High Court ruled that affidavits from other prisoners in similar situations were enough to determine that the individual was held in prison as a MISA/DIR prisoner.

The Madhya Pradesh High Court noted that affidavits from other prisoners in similar situations were enough to confirm that these individuals were held in prison as MISA/DIR prisoners. The Court was reviewing a Writ Petition that challenged a decision rejecting the request for a statutory pension from a petitioner whose husband was detained under MISA/DIR during the emergency period. Justice Milind Ramesh Phadke stated, “The two affidavits from similarly situated prisoners were enough to confirm that these individuals were detained as MISA/DIR prisoners…”

The Court acknowledged that the wife of a MISA/DIR detenu is entitled to receive half of the pension that the detenu would have received. It pointed out that the petitioner’s application included affidavits from two prisoners who confirmed that the petitioner’s husband was also detained with them as a MISA/DIR detenu. The Court found that this was sufficient evidence, which the authorities had overlooked when reviewing the petitioner’s application.

As a result, the Court deemed the previous order illegal and annulled it. The Court instructed the relevant authorities to provide the petitioner with the Samman Nidhi as outlined in the 2008 Rules, according to her entitlement.

Cause Title: Leela Devi Bansal v. State of Madhya Pradesh