The Hindu : New Delhi News : “Why no action against politicians?”

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Wednesday, Sep 19, 2007
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New Delhi

“Why no action against politicians?”

Legal Correspondent

Supreme Court pulls up Centre over unauthorised occupation of Govt. bungalows

NEW DELHI: The Supreme Court on Tuesday pulled up the Centre for its lack of will in evicting politicians and public servants occupying government bungalows in the Capital for years together without authorisation.

A Bench of the Court consisting of Justice B. N. Agrawal and Justice D. K. Jain said: “It is amusing that you [the Centre] should talk of changing the law. You are just scratching each other’s back. You want to hang the peons. But you don’t have the guts to take action against political parties and big people. A politician once he enters a government bungalow never leaves it. You don’t have the guts to evict anybody. No government has the guts because of vote bank politics. This political party, another political party makes no difference. A time will come when most of the government houses in Delhi will become memorials.”

In an August 2 order, the apex court had asked the Centre to file a status report on vacation of houses, pending cases and steps taken for realisation of rental/penal rental from unauthorised occupants, who had either vacated or were still continuing in unauthorised occupation. It had also asked the Centre to explain its stand on amending Section 441 of the Indian Penal Code (criminal trespass) to make it a non-bailable offence and to invoke the provision against unauthorised occupants.

When the Bench wanted to know from the Centre’s counsel, Wasim Qadri, why the affidavit had not been filed, he said, “A decision has been taken at the highest level to introduce a Bill in Parliament [on making the offence of overstaying illegal].”

To that, the Bench said: “In Delhi, the Cabinet committee seems to be regularising all illegal occupation. What will you do about political parties? How many of them are occupying bungalows in the city? It is amusing that you should talk of changing the law.” Not satisfied with counsel’s reply, the Bench asked him to file an affidavit indicating whether Sec.441 of the IPC could be made non-bailable and what steps should be adopted for attachment for recovery of penal rent from those overstaying in government bungalows and adjourned the proceedings.

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