Delhi HC asks Police to take appropriate steps on mayors' protests at CM residence
Dec 18, 2020
New Delhi [India], December 18 : The Delhi High Court on Friday asked the Delhi Police to take appropriate steps in relation to mayors' protest outside Chief Minister residence keeping in view the Delhi Disaster Management Authority (DDMA) order which prohibits political activities till end of December.
A bench of Justice Sanjeev Sachdeva said that it is expected that respondents will take appropriate steps as per orders issued by DDMA and as per provisions of Section 144 CrPC.
The court order came after it was informed that Delhi Police had made submission before another bench that as as per DDMA order, political activities in Delhi are prohibited till December 31, 2020 in the wake of COVID-19.
The court directed Delhi Police, after hearing a plea filed by Civil Lines Residents' Association, to make efforts to shift the protesters sitting before Delhi Chief Minister residence to another location and if they do not comply then take appropriate action on the matter.
Delhi Police told the court that they are making sincere efforts to implement the orders passed by DDMA. Appearing for Delhi Police, Advocate Gautam Narayan told the court that they have limitations as the protesters are elected representatives.
Delhi Police told the court that they are making sincere efforts to implement the orders passed by DDMA.
Petitioners' counsel Senior Lawyer Arun Kathpalia told the court that Delhi Police has made submission before another bench that no political activities has been allowed in Delhi till end of December, as per DDMA order.
Delhi High Court earlier asked Delhi Police to look into matter relating to protest being hold by mayors outside the Chief Minister residence, observing demonstrators have made tents and squeezing in the residential areas. The court remarked that right of protest is guaranteed under Constitution but it should not set wrong precedent that any one can hold protest in residential areas observing inconvenience to residents.
Earlier, Delhi Police had submitted before the Delhi High Court, which was hearing a petition seeking action against the police authorities for allowing protest outside the Chief Minister's residence, that preventive measures were taken over the apprehensions of breach of peace in the area.
The mayors of the three BJP-led municipal corporations were holding protest outside the residence of Delhi Chief Minister Arvind Kejriwal seeking to clear the pending dues to the civic bodies.
The police had also submitted that as of now the protest has been minimised and the traffic movement has resumed in the area and there are minimal barricades and respondent authorities are ensuring that there is no obstruction to the residents.
The plea filed by Civil Lines residents association contended that despite the order dated August 22, 2017, directing the police to ensure adequate steps are taken for keeping residential roads free from traffic movement and to restrict the dharna and protest in the residential area and to ensure that no unnecessary inconvenience is caused to the public at large on account of such protests.
The hearing will be further held on December 21, 2020.