By IANS
New Delhi : The Supreme Court Tuesday asked the central and state governments to examine the feasibility of amending the law to make overstaying by politicians and government officials in their official accommodation a criminal and non-bailable offence.
A bench comprising of Justices B.N. Agarwal, P.P. Naolekar and D.K. Jain asked the governments to apprise it of their views by Sep 19 – the next date of hearing of the matter.
While adjudicating a petition against the malady of overstaying by politicians and government officials in their official residence, the bench said it wanted those overstaying to be prosecuted on charges of criminal trespass under section 441 of the Indian Penal Code (IPC).
The bench also suggested that the government amend the IPC to make it a non-bailable offence.
Justice Agarwal, during hearing on the matter, said: “We suggest the government make suitable amendments in the law to make an offence under 441 of IPC a non-bailable offence. Presently the offence is bailable.”
“All unauthorised occupants including politicians, bureaucrats and government servants should be booked under Section 441 of IPC and the process of making recoveries of outstanding dues including penal rent from such unauthorised occupants should also be made more stringent,” he added.
The bench during earlier hearings had directed authorities to immediately suspend and dismiss from service the overstaying government officials and book them under Section 441 of IPC.
Utttar Pradesh and Orissa have already made an offence under Section 441 of IPC a non-bailable one.