Supreme Court Says Being Below The Poverty Line Does Not Mean That You Will Not Obey The Law

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The Supreme Court said, being below the poverty line cannot be an exception to not following the law. Everyone has to obey the law and you cannot get the freedom to not obey the law just because you are below the poverty line. The Supreme Court made this observation while hearing a case of encroachment on railway land in Gujarat.

Justice AM Khanwilkar and Justice JB Pardiwala said, when the Constitution recognizes the rule of law, everyone has to abide by it. The petitioner’s counsel told the bench, “Eligible applicants affected by the removal of encroachments will be rehabilitated under the Pradhan Mantri Awas Yojana”. Eligible applicants should be given a little more time to deposit the house installment due to them.

To this, the bench said, “Whatever has happened so far, a lot of leeway has already been given to these people.” These people were the only passers-by passing through there every day, who occupied the railway property. The bench said, the petitioners can approach the concerned authority for relief.

If many people are below the poverty line, will all be captured?

The counsel for the petitioner said, these people are below poverty line. They should get relief. To this the bench said, this is no exception. Many people live below the poverty line so did they get the right to occupy and not obey the law. The law is one for all and everyone has to obey it. The Constitution also recognizes the rule of law.

Out of 2450, 1901 applicants were sanctioned houses under the Pradhan Mantri Awas Yojana

Senior advocate Mukul Rohatgi, appearing for Surat Municipal Corporation, told the bench that out of the total 2450 applicants who have come so far, 1901 houses have been approved under the Pradhan Mantri Awas Yojana. According to the scheme, every approved applicant has to pay Rs.6 lakh for a house. On this, the counsel for the petitioner said, 549 applications have not been accepted. To this, the bench said, “If these applications are rejected, the applicants can challenge the decision of dismissal of the application before the appropriate forum.”

What action did the Railways take against the negligent officials?

The bench asked Additional Solicitor General KM Natraj, appearing for the Railways, what action has been taken by the Railways against the officials whose negligence led to the encroachment.

Disposing of the petition, the bench wrote in the order that the department concerned should take action against its negligent officers, the disciplinary action initiated should also be taken to its logical conclusion at the earliest. The Supreme Court had earlier also said that the Railways is equally responsible for this encroachment.

Do not interfere with criminal appeal except in exceptional circumstances

The Supreme Court on Thursday said it has been granted very wide powers under Article 136 of the Constitution, but it does not interfere in criminal appeals with concurrent findings of fact except in exceptional circumstances. The Supreme Court’s observation came while dismissing an appeal filed by a murder convict under Section 302 challenging the Bombay High Court order.

Justice Surya Kant and Justice JB Pardiwala said, “The Supreme Court can interfere in the matter only if the High Court has wrongly accepted the facts and wrongly passed the order.”

The bench said, “This court exercises the power under Article 136 only in very exceptional circumstances. This happens when the law of importance to the general public is questioned or a decision shakes the conscience of the court. It is highly unsafe to act when the evidence presented by the prosecution falls short of the test of credibility and admissibility. Article 136 of the Constitution confers extraordinary power on the Supreme Court to grant special relief to the Court.