Delhi high court questions Delhi University, police over blanket ban on protests

NEW DELHI: How can there be a blanket ban on processions, meetings and demonstrations, Delhi HC asked Delhi University and police on Thursday, urging them to be “reasonable”.The court gave them 10 days to file an affidavit while declining to stay the ban order for now . “Since when did this order operate? Let it operate for 10 more days,” a bench of Chief Justice DK Upadhyaya and Justice Tejas Karia told the petitioners seeking a stay, underscoring a balance had to be struck.The petitioner, Uday Bhadoriya, a law student from Campus Law Centre, said the Delhi University proctor notified the ban on Feb 17 without any consultation or discussion with the students’ union, colleges, the teachers’ union, the executive council or the academic council.The ban followed 2 FIRs registered by police in Feb after a scuffle broke out between two student groups during a protest.“You have to come clear. Can’t have such a blanket ban. There are certain preconditions that need to be met before passing such an order. It is not only an apprehension of trouble; only if you have to prevent something that is going to happen tomorrow, such an order is issued,” the bench told counsel for the authorities, listing the matter for hearing on March 25.It highlighted that maintaining law and order was the police’s job.“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? It allows reasonable restrictions; then be reasonable. There can’t be blanket prohibition,” it pointed out, while also issuing notice to the Centre.On its part, DU said the proctor’s decision was based on a prohibitory order issued by the Delhi Police against the assembly of 5 or more persons in the north campus area. The HC then questioned DU why a separate order banning protests was issued when the police had already come out with prohibitory orders.During the hearing, police said the prohibitory order was initially issued for one month following “intel” on a possible clashbetween two student groups, and it was extended till April 25 in Feb. “It (the clash) happened some time back also. They gheraoed the police station,” the counsel said.But the court said it was of a “clear opinion” that a blanket ban cannot exist. It also put the students’ conduct under scrutiny, reminding them to “behave” and not misuse the freedom on campus.“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 did this situation arise? Proctor is also an academician. No academician wants to pass such an order... 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.