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.
The lawyer appearing for the Delhi Police said the prohibitory order was initially issued for one month following “intel” on a possible clash between two student groups, and it was extended till April 25 in February.
“It (the clash) happened some time back also. They gherao-ed the police station,” the counsel said.
The court remarked that maintaining law and order was the police’s job. It asked why meetings with “restrictions” cannot be permitted, as blanket prohibitions violate Article 19.
“Your premise is that unrestricted meetings can cause (unrest). Then permit it with restrictions. Take action, but won’t this type of blanket ban on meetings be an infringement of Article 19?” the court asked.
It said prohibitory orders can only be issued to prevent something that is “going to happen tomorrow”.
The court asked Delhi University why a separate order banning protests was issued when the police had already issued prohibitory orders.
The petitioners’ counsel claimed that even peaceful assembly of students has been prohibited and asked the court to stay the ban at least for colleges that fall outside the north campus.
The petitioner, Uday Bhadoriya, a law student from Campus Law Centre, said the Delhi University proctor notified the ban on February 17 without any consultation or discussion with the students’ union, colleges, the teachers’ union, the executive council or the academic council.
The blanket prohibition, the plea asserted, was issued arbitrarily and was “vague” and disproportionate as well as in contravention of the fundamental rights of free speech and expression, peaceful assembly and free movement.
Due to the ban, it added, colleges were not conducting events or seminars, and even the annual fests have either been cancelled or postponed.
“Discussion is core to educational institutes. An educational institute, campus or college cannot be seen as a place for making such a restriction. An educational institution is a place where students learn; this place cannot be curbed and silenced through such an order. Freedom of speech and expression is the very core of the fundamental rights of any citizen in the country, that too in an educational institute,” the petition said.
The ban by Delhi University followed two FIRs registered by the Delhi Police in February after a scuffle broke out between two student groups during a protest.
On February 12, a bucket of water was thrown on historian Irfan Habib while he was speaking at a social justice programme. PTI ADS RUK RUK
