The Hindu : New Delhi News : Even God cannot save this country, says the Supreme Court

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Even God cannot save this country, says the Supreme Court

J. Venkatesan

NEW DELHI: The Supreme Court on Tuesday condemned the stand of the Centre and a majority of the States that there was no need to amend Section 441 of the Indian Penal Code to make unauthorised occupation of government bungalows a non-bailable offence.

“It will be futile to make any observation in relation to the stand of the Centre and various States though in our view their stand is condemnable in view of the galloping trend of unauthorised occupation which neither the Union of India nor the governments of the States are in a position to control,” said a Bench consisting of Justice B.N. Agrawal and Justice G.S. Singhvi in its order.

The Bench, hearing an issue of unauthorised occupation, had asked the Centre and the States to consider the desirability of amending the IPC and the CrPC, in line with what obtains in UP and Orissa, to make non-vacation of government bungalows a non-bailable offence.

During arguments, Justice Agrawal said: “The whole government machinery is corrupt, whether at the Centre or in the States. They [senior officials] don’t apply their mind, rather they don’t have a mind. They don’t have guts to differ with the opinion of the clerks.”

When Additional Solicitor-General Amarendra Saran, appearing for the Centre, said there were enough laws and guidelines, Justice Agrawal orally observed: “We are fed up with this government. There is no accountability and nobody bothers about laws or guidelines. Nobody in the government works and the whole government has become non-functional. That is why PILs are filed. When we pass orders, those in power complain about judicial activism. When they are out of power they are happy and they come here [to the court] for remedy.”

Justice Singhvi intervened to say: “God alone will have to help this country.” Justice Agrawal said, “Even God will not be able to help this country. God is a mute spectator as he also feels helpless. Our country’s character has gone. We are helpless.”

The Bench, in its order passed subsequently, said the Centre in its response had stated the existing Public Premises Act was sufficient to evict those unauthorisedly occupying government bungalows. It might not be necessary to amend the law as there were only 99,100 quarters in the general pool and the number of unauthorised occupants was not much. The Bench said a majority of the States, seeing the attitude of the Centre, were not inclined to amend the IPC, and the Union Territories had no option except toeing the Centre’s line. The Bench said it seemed that since steps were taken under ordinary laws, officials were acting leisurely and only on the command of this court did they act.

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