Cannot put blanket ban on protests: Delhi HC to DU, police
NEW DELHI: The Delhi HC on Thursday pulled up Delhi University and the Delhi Police over the varsity’s order barring protests on campus, saying there cannot be a blanket ban on demonstrations and processions.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said DU’s move had a direct impact on the right to freedom of speech and expression granted under Article 19 of the Constitution. The bench observed that if there were violations of law and order, it was for the police to take action.
“We are of the clear opinion that there cannot be a blanket ban. Public meetings, rallies, processions, demonstrations, protests, dharnas or agitation of any kind… So, you (DU) will, in its sweep, take even peaceful protests, rallies and processions. How far can you justify this? Where was the need for you to pass this order? If someone had violated Section 144 (of CrPC), it was for the police to take action. Why did you issue this order,” the bench asked.
The judges further questioned the use of Section 144 of the Code of Criminal Procedure by the police to prohibit protests, noting that certain conditions must be satisfied before issuing such directions.
At the same time, the court also questioned the conduct of some students and said the matter was being heard primarily because it concerned freedom of speech and expression. The court directed the police and the university to file their response within a week and listed the matter for further hearing on March 25.