Delhi HC bans DUSU victory processions
The Delhi High Court on Friday ordered a complete ban on victory processions after the declaration of results of the Delhi University Students’ Union (DUSU) elections, and asked all student organisations and candidates to explain why electoral damages should not be imposed on them for violation of norms.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia passed the directions after observing that there were frequent and blatant violations of the Lyngdoh Committee recommendations during the DUSU elections.
The voting is presently underway across Delhi University campuses. Counting of votes will be undertaken on Saturday. “Having noted frequent violations on the part of the students, candidates and student organisations, we propose to impose collective damages not only on the students found violating the norms but also the student organisations. Student organisations and students will file their replies showing causes as to why they should not be saddled with electoral damages,” the court said, asserting that it would “not accept any apology this time”.
“Having regard to past experience, we direct that no victory procession shall be taken out after the declaration of results by candidates, students, supporters or anyone else, not only on the roads of Delhi but also within campuses and hostels,” it said.
The court also said that it will be the responsibility of Delhi police to ensure that no victory procession takes place, adding that the officials should not “feel shy” while taking any action “because they are students”. The bench said any violation of this order shall entail criminal and administrative action as well as proceedings for contempt of court.
“The police officials should not feel shy. They should not feel constrained in any manner only because they are students. They are not students, I am sorry to say. “Anybody brandishing a weapon can be said to be a student? Roaming around in a cavalcade of luxury cars. Where do they get the money from?” Chief Justice Upadhyaya orally remarked.
He said these students are eating up the facilities to be given to genuine students.
“And these student organisations; I don’t know what they are doing,” the Chief Justice said.
The court reiterated that it was the responsibility of the police and the DU administration to take all possible steps and measures to ensure that there is no violation of the Lyngdoh Committee report and the orders passed by the high court and the Supreme Court on conducting DUSU elections.
The court was hearing a plea by advocate Prashant Manchanda, who alleged that on Wednesday, certain persons “hijacked” DU’s north campus area, and professors and students were beaten.
Manchanda, whose petition concerning DUSU polls is pending in court, claimed that he received messages from teachers and students saying “guns have been used and the entire campus has been hijacked”.
The Delhi Police on Friday told the court that it took action for violation of the law, including registration of FIRs and arresting some students.
Additional Solicitor General Chetan Sharma said 998 challans were issued and 30 cars were impounded. He said that one student has been rusticated by the DU authorities and certain show-cause notices have also been issued.
“Their show-cause notices we do not know because nothing happened last year. We are not making any comment on the way DU has been issuing show-cause notices in a routine manner without following them, without taking them to their logical end,” the court said.
It observed that show-cause notices are being served year after year but nothing improves.
“Just see, a student after winning the election is slapping a teacher. Who could imagine that? Any victory should make you humble,” the court further said.
The bench directed that the criminal action initiated by the police be taken to its logical conclusion.
During the hearing, the court asked the police to explain how “hooliganism” and cavalcades of cars and vehicles without number plates were allowed to be plied in and around DU campuses despite deployment of a force.
“Was it not part of your duty to check that no vehicle was plied on the roads of Delhi without a registration number? What happens by these kinds of cavalcades and processions is that they create a sense of terror, a sense of fear, a sense of hegemony... (people) standing on the roofs, standing on the front bonnet. What else is hooliganism?” it questioned.
The court asked Manchanda to compile relevant record regarding violations and listed the matter for hearing in November.
On Thursday, the court had expressed strong displeasure over alleged incidents of violence and hooliganism during campaigning for the DUSU elections and warned that it would stay the counting of votes and declaration of results if authorities do not take satisfactory action for the “unruly conduct”.
It had said that the material before it showed a “complete failure” on the part of the authorities and the students in ensuring a smooth election process in DU and compliance with the recommendations of the Lyngdoh Committee report and the orders of the Delhi High Court and the Supreme Court.
