"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 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.
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.
The petition, filed by advocate Abhishek Choudhary, had sought a direction to the Centre, Department Of Personnel and Training and MoD for granting equality to paramilitary and police forces on par with army, navy and air force in granting status of 'martyr'.
In its reply to the PIL, the government had said that "in army/navy/air force, the nomenclature for the word 'martyr' is battle casualty and physical casualty. The word 'martyr' is not used in the three services."
"Therefore, the prayer of the petitioner that the status of 'martyr' or 'shaheed' be given to the deceased Paramilitary Armed Forces personnel at par with army, navy and air force is misconceived and unfounded. It is denied CAPF personnel are being deprived of the honour they deserve.
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