HC refuses to stay ban on meets and protests in DU
NEW DELHI: The Delhi High Court on Thursday refused to stay a blanket ban on processions, demonstrations and protests on the Delhi University campus but said it is of the clear opinion that such a ban cannot exist.
The court asked the university and Delhi Police to respond to a law student’s petition against the prohibition.
“Since when has this order been operating? Let it operate for 10 more days,” a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia said, underscoring that a balance has to be struck in the matter.
“Let replies be filed within a week,” the bench ordered, listing the matter for hearing on March 25. The court also issued notices to the central government and two colleges under Delhi University in the matter.
The counsel for Delhi University said the proctor’s decision was based on a prohibitory order issued by the Delhi Police against the assembly of five or more persons in the north campus area. During the hearing, the court questioned the police as well as the university on their decision to impose the restriction, stating that it was of a “clear opinion” that a blanket ban cannot exist.
It, however, called upon the students to “behave,” remarking that they cannot misuse their liberty.
“This liberty can’t be misused. It is only because of Article 19 (fundamental rights of freedom of speech and assembly) that we are interfering. You need to conduct yourself fairly. Why has this situation arisen? Proctor is also an academician. No academician wants to pass such an order... Reasons, you understand,” the bench told the petitioner’s counsel.
“We don’t want to comment on the conduct of students. See what happened in the elections. Which head of an academic institution would issue such an order but for a situation created by you? Do something to ensure that you behave properly,” it further said.
Court questioned DU’s blanket ban on protests, saying prohibitory orders should prevent imminent unrest and restrictions, not outright bans, should be imposed to maintain law and order.
