New Delhi: The Delhi High Court on Friday said if the state disaster management authority has prohibited political and other gatherings in the city till December 31 due to COVID-19, then the protestors outside Chief Minister Arvind Kejriwal’s residence ought to be evicted.
Justice Sanjeev Sachdeva said that the court expects the police to take appropriate steps to implement the direction of the Delhi Disaster Management Authority (DDMA) and also the provisions of section 144 IPC which has been imposed in the area where the chief minister’s residence is located.
The court said that if no action is taken for violation of the DDMA direction, then it will send out an “incorrect signal”.
“The issue is if the DDMA order prohibits such gathering, then you have to shift them. Rather you have to evict them. Else incorrect signal will go. The District Magistrates have to ensure compliance of the DDMA directions. Compliance of DDMA order can be ensured only by issuing appropriate directions. Issue directions and if they do not comply, then take action,” the court said to the police during the hearing.
DDMA’s November 28 order prohibits till December 31 all social, academic, sports, entertainment, cultural, religious, political functions or other gatherings throughout the national capital to prevent the spread of COVID-19.
The court was hearing a plea by the Civil Lines Residents Association, represented by advocate Rohit Bhagat, against the ongoing protest outside the CM’s residence there on grounds that it was blocking the road and causing inconvenience to residents there.
The directions and observations by the court came after it was told by Delhi Police that it has provided to the protestors the copies of the DDMA direction, a standing order issued by the agency prohibiting protests in residential areas and that section 144 IPC has been imposed in the area, but they were not moving away from the site.
Delhi government additional standing counsel Gautam Narayan, appearing for the police, said that requests were made to the protestors to shift to an alternative site, but they have not complied with it.
He further said that the persons protesting are elected representatives and therefore, the police has its own limitations.
The court said that it understands the limitations of the police in such situations, but orders of the DDMA and its own standing order have to be implemented.
It listed the matter for further hearing on January 21 after the police said that efforts were being made by it to implement the DDMA orders, its own standing order and provisions of section 144 IPC.
“In the meantime, it is expected that respondents (police) will take appropriate steps for implementation of the DDMA orders and section 144 IPC,” the court said.
The court had on Thursday expressed concern over the continuing protest outside Kejriwal’s residence here, saying permitting such demonstrations in a residential area could set a wrong precedent.
It had said that presently the protest may be peaceful, but if a precedent is set, then anyone would come and squat there as they do in areas, like Ramlila ground or Jantar Mantar here, which are designated spots for holding protests.
The association has contended that protest has been permitted in a residential area and roads leading there have been barricaded in violation of the high court’s 2017 direction to restrict dharnas in residential areas and to keep the roads clear.
The mayors of the three municipal corporations have been protesting outside Kejriwal’s residence seeking release of funds and clearance of alleged pending dues payable to the MCDs.
In a status report filed in court, Delhi Police had said that 20-25 persons, including Mayors and councillors of the municipal corporations, started protesting from December 7 at Flag Staff Road outside the Chief Minister’s residence.
“They have occupied the footpath at the side of the road and a small portion of the road. The portion of the footpath and road on which they are sitting on dharna has been segregated with skeleton barricading to ensure smooth movement of pedestrian and vehicular traffic,” the report had said and added that not more than 25-30 persons are sitting on dharna at a time.
On December 8, ministers, MLAs and supporters of Aam Aadmi Party also assembled at both ends of Flag Staff Road and to avoid any untoward incident, both groups have been cordoned off, it had said.
It had also claimed that “movement of residents of the Flag Staff Road has not been restricted at all. There is no blockage on the road and the traffic movement is smoothly regulated”.
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