Remove protesters from outside CM’s house, gathering violates DDMA order, says HC

The Delhi high court on Friday asked the Delhi Police to ensure that the mayors of the three municipal corporation and other protesters, who have been staging a

The Delhi high court on Friday asked the Delhi Police to ensure that the mayors of the three municipal corporation and other protesters, who have been staging a sit-in protest outside chief minister Arvind Kejriwal’s residence, are removed, while stating that the protest gives an incorrect signal that the prohibitory orders of the Delhi District Management Authority (DDMA), in view of Covid-19 spread, are not being followed.

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Justice Sanjeev Sachdeva, while hearing a plea by the Civil Lines Residents Association that the protest was causing an inconvenience as protesters were blocking the road, said the court expects the police to take action in accordance with law for the implementation of the DDMA order of September 30, prohibiting political and other gatherings.

Mayors from Delhi’s municipal corporations and 22 BJP councillors have been protesting against the Delhi government since December 7 demanding release of ₹13,000 crore to municipal corporations by the Delhi government. Jai Prakash, mayor, North Delhi Municipal Corporation, said, “We are fighting for the rights of municipal workers. We have not yet received any communication from the police regarding our removal from the protest site.”

“You have to shift them (protesters). The district magistrate has to pass an order. Otherwise, an incorrect signal will go,” Sachdeva said.

“It is expected that the police will take appropriate steps in accordance with the orders issued by the DDMA and Section 144 (CrPC) which has been imposed in the Civil Lines area where the protesters are sitting on a dharna (sit-in),” the judge said.

The directions come after advocate Gautam Narayan, appearing for the Delhi Police, told the court that they have earlier asked protesters to vacate the premises as Section 144, which prohibits the gathering of four or more people, has been imposed on Flagstaff Road where the chief minister’s residence is located. They also said they asked protesters to follow the DDMA directive which prohibits any protest in the wake of the Covid-19 pandemic.

Police also apprised the Delhi high court that several requests have been made to protesters to vacate the premises but the protesters are defiant.

Narayan also told the court that in an allied matter -- two AAP MLAs Raghav Chadha and Atishi have challenged the denial of permission by the police to hold a protest outside the residences of Union home minister Amit Shah and lieutenant-governor Anil Baijal -- he has made a submission that no protests, political activities or other gatherings are allowed in the city.

To this, the court said if the DDMA order has directed that there can be no protests, then action should be taken. He said the district magistrate should issue an order asking the protesters to vacate the space.

“An order has to be issued by the district magistrate. If they don’t agree, then action should be taken in accordance with law,” Sachdeva said.

The court posted the matter for further hearing to December 21 after the Delhi Police counsel sought an adjournment for making efforts to remove the protesters.

The AAP did not respond to calls and messages sent to them seeking a reaction.