AAP urges Delhi HC to allow protest outside Amit Shah's residence
Dec 17, 2020
New Delhi [India], December 17 : Aam Aadmi Party (AAP) MLAs Atishi and Raghav Chadha on Thursday urged the Delhi High Court to set aside a Delhi Police order and allow them to hold a four-people protest outside the residences of Home Minister Amit Shah and Lieutenant Governor Anil Baijal.
A single-judge bench of Justice Navin Chawla said that it would hear the matter on December 18.
The petition has sought a direction to the respondents to reconsider and allow petitioner's request for grant of permission to hold a peaceful protest and sitting dharna at the indicated area outside the residence of the Union Home Minister and accordingly to make necessary arrangements for the peaceful protest and dharna pradarshan (demonstration) at the indicated area on similar lines as being permitted outside the residence of Chief Minister of Delhi.
The leaders have sought to quash and set aside the order dated December 12 issued by the Deputy Commissioner of Police, New Delhi District through which petitioner's request has been rejected.
They told the court that they intended to hold a peaceful protest, demonstration and dharna pradarshan outside the residence of Home Minister in order to voice the "misappropriation of funds" by Bharatiya Janta Party-led North Delhi Municipal Corporation amounting to more than the mammoth figure of Rs 2500 crores, which is a serious concern of the citizens of the national capital territory of Delhi.
But Delhi Police rejected the request through the impugned order taking shelter of order dated October 31 and November 28 issued by Delhi Disaster Management Authority (DDMA) for containment of Covid-19 pandemic, the court was told.
"That the impugned order and actions of the respondents, (who are obligated to be politically neutral as holding a statutory post), are further highly unfair, biased, hypocrite, partial, arbitrary and extremely politically motivated, and raises serious questions upon their integrity, commitment and responsibilities obligated towards the citizens of this largest democracy in the world," the plea said.
The petition added that "As on one hand, respondents were suitably able to allow the request of councillors of Bharatiya Janta Party, for protest and dharna pradarshan before the residence of Chief Minister of Delhi, which is still continuing, but on the other hand, they conclude that petitioner's request who does not belong to said political party and is an MLA of Aam Aadmi Party, cannot be acceded to."
The petition said that aggrieved by the above prejudice, arbitrariness and for infringement of constitutional rights, petitioner is left with no other efficacious remedy but to approach this court for protection of his constitutional rights.