New Delhi [India], September 18 (ANI): The Delhi High Court on Thursday prohibited any victory procession following the declaration of DUSU election results, directing that the ban would apply not only on roads but also within the university campus and hostels.
A bench headed by Chief Justice D.K. Upadhyaya and Justice Tejas Karia also issued notices to all student organisations and all 140 candidates contesting the DUSU elections, seeking their response on why collective electoral damages should not be imposed for alleged violations of election norms.
The court directed Delhi Police and Delhi University to take all possible preventive measures and ensure strict compliance with the Lyngdoh Committee recommendations and earlier orders passed by the court.
The bench came down strongly on the alleged use of cavalcades and other violations during the election campaign and questioned how such activities were allowed despite the deployment of a large police force.
“These cavalcades create a sense of fear, terror and hegemony. What deterrent action did you take?” the bench asked.
The court also questioned the practice of candidates allegedly standing on car roofs and bonnets during campaigning, asking: “What else is hooliganism? What can be more alarming than all this in the capital city of our nation?”
The bench further questioned student organisations over the alleged conduct of their candidates, observing: “They’re not students. Someone brandishing weapons, is he a student? Roaming around in a cavalcade of luxury cars. These student organisations, I don’t know what they are doing. A lot needs to be done.”
The court said it would consider imposing collective damages for the alleged violations and remarked that the student organisations had not “mended” their ways.
The bench also referred to its earlier orders concerning DUSU elections and said the court had been lenient in the past. It referred to an earlier instance in which a candidate allegedly slapped a teacher after winning the election and said it would not simply accept apologies for such conduct.
The court took the Delhi Police status report on record. The report disclosed several actions, including registration of FIRs, impounding of vehicles and arrests. The court directed that the criminal action initiated by the police be taken to its logical conclusion.
The bench, however, observed that the administrative measures taken by Delhi University and police action did not appear to be acting as sufficient deterrence against alleged hooliganism and other illegal activities.
The court was informed that 49 vehicles had been impounded, with the ASG stating that five more vehicles were likely to be impounded. The petitioner also alleged that an ASAP candidate was distributing pamphlets on the day of polling.
The ASG submitted that around 25-30 per cent of polling had taken place and that the polling process had been “spotless” so far. He said defacement, a key concern under the Lyngdoh Committee recommendations, had been addressed to a significant extent, while acknowledging that it had not been eliminated completely.
The court directed that notices be issued to all student organisations, with Delhi University asked to furnish their list. It also directed DU to provide the list and addresses of all 140 candidates contesting the DUSU elections, who would also be served notices.
The petitioner has been directed to compile relevant records and documents establishing the alleged violations and file them within two weeks after supplying copies to the respondents, student organisations and candidates. The organisations and candidates will thereafter file replies showing cause why they should not be saddled with exemplary damages.
The bench also directed that no victory procession be taken out after the results are declared by candidates, students, supporters or anyone else, either on roads or within the campus and hostels.
“It will be the responsibility of the Delhi Police to ensure that any such victory procession does not take place,” the court said, adding that any violation would invite criminal and administrative action and would also amount to contempt of court.
The court further directed DU, Delhi Police and other authorities to take all possible measures to prevent violations of the Lyngdoh Committee recommendations and earlier judicial orders. The authorities, including the MCD, were also directed to ensure that public property is not defaced.
The bench said any violation found must be acted upon immediately and directed Delhi Police and DU authorities to take all permissible preventive measures.
It also directed the student organisations present in court to immediately apprise all candidates, students and their supporters of the court’s directions without waiting for a copy of the order.
NSUI counsel Rishav Ranjan assured the court that no victory procession would be taken out. Senior advocate Apoorv Kurup, appearing for ABVP, also supported the court’s direction.
Counsel for NSUI submitted that the organisation had neither put up oversized posters nor used money or muscle power. Counsel for AAP’s student organisation ASAP, Advocate Ashu Bidhuri, denied any involvement in hooliganism, but the court was shown photographs of an ASAP candidate allegedly standing on the roof of a car. ASAP counsel sought an apology and said the organisation was contesting only two posts. (ANI)
Delhi HC bars DUSU victory processions; issues notices to all candidates, student organisations over alleged poll violations
