SC on unauthorised occupiers

·         On August 5, 2008 Supreme Court  condemned the stand of the Centre and a majority of the States that there was no need to amend Section 441 of IPC to make unauthorised occupation of govt 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 Justices B.N. Agrawal and G.S. Singhvi in its order.

·         The Bench, which is hearing an issue of unauthorised occupation, had asked the Centre and the States to consider the desirability of amending the IPC and the Criminal Procedure Code, in line with what obtains in Uttar Pradesh and Orissa, to make non-vacation of government bungalows a non-bailable offence.

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

·         Justice BN Agrawal said -  there were enough laws and guidelines, 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 said -God alone will have to help this country. Justice Agrawal said - Even God will not be able to help country. God is a mute spectator as he also feels helpless. Our country’s character has gone. We are helpless.”