The Delhi HC has asked the police to take stringent actions on the report which states that the defacement of the public property in the Delhi University Students’ Union (DUSU) have been a little less as compared to the last year but the candidates have resorted to illegal hoarding in the violation of the order of the court and pamphlets have been seen distributed. The report was filed by Advocate Prashant Manchanda, who has earlier moved to the Court against the defacement of the public property in Delhi in the name of DUSU poll campaigning.He informed the Court that an extensive inspection has been carried all over Delhi as per the order of the Court and it has been found out that Delhi Metro sites remained free from defacement comparatively. He further presented photographs in support and observed that even the north campus area remained free from defacement with negligible use of spray paints and inks and also the walls were free from pasting of posters of candidates except few. However, he added that the students have resorted to means of illegal hoardings and banners. The fact that the HC held that the defacement of public property includes the pasting of posters and placement of hoarding was also bought into light.
Several parties were named by the counsel who have been indulged in such activities. Thus, after taking into consideration, the Court passed the following directions-
- That there has been a clear violation of the order of the court as per the status report.
- That stringent steps must be taken immediately with a view to book the students involved in the defacement of the property.
- That the authorities or civic bodies must file a report in respect to the areas covered by the petitioner and in respect to the status report.
- That all the earlier orders have to be strictly complied with.
It was further noted that the court has earlier accepted the ‘Guidelines for the Code of Conduct of Elections of DUSU’ according to which it has to be ensured by the University of Delhi/Colleges that the nomination form contains a clause regarding the offence of defacement and further stipulation and its consequences. The guidelines also provided for a mechanism where every college has a permanent committee for the prevention of defacement of property and its composition.The above mentioned guidelines were framed after the counsel informed the court about the defacement in Metro stations, etc. Reference was further made to the Metro Railways Act which provided for a punishment of 10-year imprisonment for defacement.
Courtesy/By: Kritika Mehandiratta
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17 Sep 2018
