The Delhi High Court on Friday issued show-cause notices (SCN) to 140 candidates contesting the Delhi University Student Union (DUSU) elections and student organisations including Akhil Bharatiya Vidyarthi Parishad (ABVP) and National Students’ Union of India (NSUI), asking why exemplary electoral damages should not be imposed on them for alleged frequent violations of the guidelines governing the polls.
A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said that the measures undertaken by Delhi University and the Delhi Police from time to time did not appear to be acting as an effective deterrent, as instances of alleged hooliganism and other illegal activities amounting to offences in and around the campus had continued unabated.
The court observed that reports of students brandishing weapons, taking out cavalcades of luxury cars and a candidate allegedly slapping a teacher after winning the elections were alarming. It said such cavalcades created an atmosphere of fear, terror and hegemony on the campus.
It further barred the winning candidates from taking out victory processions not only on the roads of the city but also on the campus and hostel.
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“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. These cavalcades create a sense of fear, terror, and hegemony. The candidates are standing on the roof of the car and on the front bonnet. What else is hooliganism? What can be more alarming than all this? In the capital city of our nation. What do you say to this? You people have not mended your ways. We will not accept apologies. It’s only that the court has been lenient; one candidate slapped a teacher after winning elections…” the bench said.
In its order, it said, “So far as the status report by the Delhi University is concerned, what we notice is that in certain reported cases SCN have been issued; however, even such action administratively taken by DU and also, the action taken by Delhi Police do not appear to be working as a deterrent to those who have been indulging in all kinds of hooliganism in and around the campus but also in certain illegal activities amounting to commission of crime has not abated. There cannot be any doubt on any count that frequent and brazen violation of Lyngdoh Committee recommendations is occurring. The situation which has arisen needs to be checked by all means.”
The court issued the direction while hearing Manchanda’s application seeking directions to Delhi University and other authorities to ensure compliance with the Lyngdoh Committee recommendations. In his application, Manchanda alleged that a series of grave incidents had occurred across university campuses, with hundreds of outsiders allegedly entering college premises and engaging in violence, vandalism and chaos. He also alleged incidents of gunfire, injuries to students and the forcible occupation of classrooms and libraries, posing a threat to the safety and liberty of students.
On Thursday, the high court had pulled up Delhi University, the Delhi Police and the Centre over their failure to prevent alleged incidents of violence and vandalism during campaigning for the Delhi University Students’ Union (DUSU) elections, observing that allowing student elections to assume a violent character was unacceptable under any circumstances. The court directed the Delhi Police and the university to file reports detailing the action taken in connection with the incidents of violence by Friday, saying that democracy cannot be permitted to be converted into a criminal society. It had clarified that it was not staying the polls scheduled for Friday, but warned that it could pass stringent directions, including withholding the counting of votes and deferring the declaration of results, if it was not satisfied with the reports.
On Friday, Additional Solicitor General Chetan Sharma, appearing for the Centre and Delhi Police, submitted that action had been taken against violations of law and regulations governing the conduct of the elections. He said several FIRs had been registered, vehicles impounded and arrests made in connection with the violations.
In its order, the court thus directed Delhi police to take the criminal action initiated to its logical end.
The matter will be heard next on November 6.
