Land grabbing by elected persons a threat to democracy: Madras High Court

The Madras High Court recently made strong observations against land grabbing by elected persons, stating that such activities are a threat against democracy. (P Sankar v. State and ors).Elected persons involving in illegal activities such as land grabbing in rural and urban areas must be dealt with sternly, the Court said.."Such land grabbing is not only dangerous, but a threat to the democracy itself. This exactly is the reason why, the Constitutional Courts have repeatedly insisted that the candidates having serious criminal background, may not be allowed to contest in elections," the Court added..Justice SM Subramaniam commented further that the power conferred on executive, elected persons and other authorities is like a sword. Such persons are expected to be mindful, dutiful and to act with "utmost responsibility and accountability," he said.."This Court is of the considered opinion that elected persons involving in land grabbing activities are far more serious than that of the land grabbers, who are ordinary citizen. Thus, such land grabbers, who have got political affinity, must be prosecuted without any leniency," he observed..If such illegal activities are committed by elected persons or authorities, the must be prosecuted mercilessly, the Court opined."When such powers are abused or misused, then they are acting against the will of the people and therefore, actions must be initiated without any lapse of time," the order stated..The Judge went on to observe that, unfortunately, there are large-scale allegations of land grabbing against political parties or persons in power. These are not traced by the authorities, but by people of the locality, he added. .While so, the Judge expressed concern that ordinary citizens are unable to raise objections against the politically affluent. Therefore, the Court urged the authorities to enquire into even anonymous complaints on the issue.."Out of fear, many such instances are not brought to the notice of the Government. In these circumstances, even informations through anonymous letters are to be enquired into by the Government in order to cull out the truth. The mindset of ordinary citizen is to be considered in such circumstances. When the allegations of heinous offences including land grabbing is brought to the knowledge of the Government, the District Collectors in this regard is expected to play a serious role as they will be having first hand information from the local people," the Court said..The Judge added that a few officials from the police, the revenue department or other departments actively or passively collude with land grabbers belonging to political parties. He emphasised that the majesty of the uniformed services (Police) should be maintained without compromised.."The discipline in the police department is slowly deteriorating, which is not only visible, but being experienced by the public at large. Thus, restoration of work discipline and rationalism of work allotment are of paramount importance to improve the efficiency level in such uniformed services. Misplaced sympathy or leniency can never be an accepted character of uniformed personnel," the Court said..The Court was dealing with a petition alleging that a Panchayat President and certain ward members had swindled public money and encroached on government poromboke land by using political and muscle power. The petitioner claimed that he had raised these allegations in public interest to no avail as the authorities failed to respond. .In this backdrop, the petitioner further raised grievance that his water supply was cut off on the wrong notion that he tapped the water directly from the main line using an electric motor. Among other prayers, the petitioner also sought orders for compensation for the mental agony suffered by him. .During the course of the hearing, the Court was informed that the petitioner's water supply has since been restored. .The Court went on to note that there were allegations and counter allegations involved in the matter, including allegations against the petitioner regarding the illegal tapping of water. Taking a serious view of the allegation, the Court said. ."Illegal tapping of water, at no circumstances, be permitted by the authorities. It is an offence against the society at large. Water is life. Equal distribution of water to the residences of that locality is important and anybody illegally tapping the water from the main line is to be dealt with in accordance with law and no leniency can be shown and a case is to be registered in this regard, if it is identified.".The Court, ultimately, disposed of the petition by directing the authorities to enquire into both the allegations of land grabbing against the village officials as well as the allegations of illegal water tapping by the petitioner."If a prima facie case is identified, then appropriate actions are to be initiated, irrespective of the fact, whether such persons belonged to political parties or otherwise. This being the constitutional duty of the executives, holding the power and if any violation on their part, must be viewed seriously," the Court said.