VIKRAMAJIT SEN
GANESHI BAI – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) "be you never so high, the law is above you" is an acclaimed oft quoted aphorism of over three centuries vintage. In Regina V. Woodley the Chief justice had remarked that - "the law is for protection of the weak more than the strong. " Regretfully the manner in which the procedural protection and requirements have been scattered in the storm is reminiscent of Oliver goldsmith words in the Traveller - "laws grind the poor, and rich men rule the law. " The Petitioner is a Safai Karamchari who had to simultaneously suffer the death of her husband, and face eviction from her home without even an opportunity to present her defence. In little more than a fortnight she lost her husband and her home. The proceedings conducted by the respondents betray a callousness which is seldom encountered.
( 2 ) THE facts of the case are not in dispute. On 5. 6. 2003 officials of the military Engineering Department visited the premises alloted and occupied by the Petitioner, who is employed as a Safai Karamchari in the Base hospital. The allegation against her is that she was supplying electricity to the nearby jhuggi dwellers. She was asked to appear before the Authorities on
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