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Anyone who lays down life for country is a martyr: HC

Anyone who lays down his life for the country is a martyr, who is remembered by society, and no other recognition like a certificate of ‘shaheed’ from the government is needed, Delhi High Court said on Tuesday.

“Any person who lays down his life or is killed during any action for the country, does not need any certificate or a nomenclature of being declared a martyr or ‘shaheed’.

“Such sacrifice by a person is remembered by the society at large. You laid down your life, so you are a martyr/ ‘shaheed’, no other recognition is required from anyone,” a Bench of justices Indira Banerjee and V Kameswar Rao said.

The court’s oral observation came during the hearing of a PIL seeking ‘martyr’ status for paramilitary and police personnel who sacrifice their lives in the line of duty on par with the Army, Navy and Air Force. The Bench also noted that as per the government, there was no such word as ‘martyr’ used in the three services and “no such order/notification has been issued by Ministry of Defence (MoD)” to call those killed in duty as a martyr. Similarly, no such notification has been issued by the 

Ministry of Home Affairs (MHA) for the Central Armed Police Forces (CAPF) and Assam Rifle (AR) personnel, it noted. “Therefore, no such direction to the Centre is required to be passed by this court,” it said and disposed of the PIL.

It, however, asked the ministry concerned to consider the 7th Pay Commission’s recommendation that in case of death in the line of duty, personnel of CAPFs should be accorded martyr status at par with the defence personnel.  
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