Delhi High Court directs action against defacement of property during DUSU polls

The Delhi High Court on Tuesday directed the Delhi University to disqualify Delhi University Students’ Union (DUSU) election candidates who were found littering public walls, roads and other public places by pasting campaign-related posters and graffiti.
A bench of the Delhi High Court also directed the university and various government authorities to issue notices to recover money from the concerned candidates to pay for the removal of the posters and painting of the defaced walls.
“All these candidates whose names appear in graffiti and posters please issue them disqualification notices right away …,” the high court bench of Chief Justice Manmohan and Justice Tushar Rao Gedela orally directed the Delhi University.
The bench also rapped the Delhi University authorities and called for the Chief Election Officer of the university to be personally present in the court on the next hearing, with a report on the action taken against the students.
While the detailed written order of the court had not been released till the publication of this report, the Chief Justice-led bench rapped DU authorities, MCD, Delhi Police and Delhi Metro Rail Corporation (DMRC) for failing to take steps to identify the candidates whose names are on the Election Posters.
Government agencies were directed to issue notices under laws relating to the defacement of public property. The court also instructed the government bodies and other affected authorities to immediately identify the names on the graffiti/posters and inform the university authorities so that action can be taken against them.
“You issue notices to these candidates whose names are there asking for recovery of money for removing the defacement that was done. Do it today … If they can afford to put up posters they can afford to clean it also … your notices will say that you are disqualified and you will also remove this within 24/48 hours at your own cost..” said the Chief Justice during the hearing.
The counsel appearing for Delhi University informed the court that circulars had been issued to all DU colleges to ensure that no one is allowed to put up posters/pamphlets outside of the designated areas. The bench, however, commented that the circulars were not effective.
“No one reads the judgment no one implements the judgments? What use are court orders if you don’t implement them?” questioned Chief Justice Manmohan.
Appearing before the court, lawyer Prashant Manchanda, who has sought action against those persons who have damaged public property and DU classrooms, also submitted photo and video evidence to show that graffiti has been put on the walls of the police posts in and around the DU campus, and posters/pamphlets were pasted even on the boundary walls of the police station on campus.
“Where is the Delhi police? How can the police station walls be spray-painted and no action taken?” asked the bench, noting that the high court had issued clear directions and guidelines even in previous years to prevent such damage to public property during earlier DUSU elections.
In 2019, the Delhi High Court issued detailed directions to the public authorities to keep a strict vigil on the areas around various colleges and to remove any banners/posters on public land.
The university had also designated “Walls of Democracy” in various areas in the national capital to allow for election posters as a measure to prevent defacement of University and Public property.
These directions had been issued on an earlier PIL by Manchanda, who on Tuesday informed the court that its directions were being flouted.
The matter is set to be heard further on Wednesday.