The Delhi High Court on Thursday warned that it could withhold vote counting and defer the declaration of results in the Delhi University Students’ Union (DUSU) elections if it was not satisfied with reports on alleged violence and vandalism during campaigning, while directing Delhi University and the police to submit reports by Friday.
The court clarified that it was not staying the polls scheduled for that day.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia observed that allowing student elections to turn violent was unacceptable under any circumstances.
Deep Dive
What actions did the Delhi High Court direct regarding violence during DUSU polls campaigning?
Why was the participation of students from political party-affiliated wings in DUSU elections upheld by the court?
How did the university plan to ensure security during the DUSU elections?
It directed Delhi Police and the university to detail the action taken in connection with the incidents, saying democracy cannot be allowed to turn into a criminal society.
The court observed that although Delhi University and the Delhi Police had repeatedly assured it that all necessary steps would be taken to prevent such incidents, the material placed on record through an application filed by advocate Prashant Manchanda presented a different picture. The material, the bench said, indicated an apparent failure on the part of the authorities and students to ensure the smooth conduct of the DUSU elections.
“No excuses will be accepted by the court. Though we are not staying or postponing the elections, if we are not satisfied with the status reports, we can pass harsher orders, including stopping the counting and postponing the result. It is very, very sad. If you are unable to control the situation, we know how to get it done. This cannot be permitted. Do not take the issue lightly. This kind of recklessness, this kind of criminal behaviour, criminal conduct... We cannot permit this. It’s a clear failure of law enforcement agencies and administrative agencies. We are more than conscious that we are a democratic society, but we are also conscious that this democracy can’t be converted into a criminal society. What have the law enforcement agencies and administrative agencies been doing?” the court said.
{{/usCountry}}“No excuses will be accepted by the court. Though we are not staying or postponing the elections, if we are not satisfied with the status reports, we can pass harsher orders, including stopping the counting and postponing the result. It is very, very sad. If you are unable to control the situation, we know how to get it done. This cannot be permitted. Do not take the issue lightly. This kind of recklessness, this kind of criminal behaviour, criminal conduct... We cannot permit this. It’s a clear failure of law enforcement agencies and administrative agencies. We are more than conscious that we are a democratic society, but we are also conscious that this democracy can’t be converted into a criminal society. What have the law enforcement agencies and administrative agencies been doing?” the court said.
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“The authorities of the university, as well as the Delhi police, have been assuring the court on various occasions that they shall take all steps warranted to ensure that such incidents do not occur. However, the material placed before us through the application depicts a picture where there appears to be complete failure on the part of the authorities and students to ensure smooth elections of DUSU. Students’ unions in the university/colleges are said to be nurseries of democracy, and therefore, the democratic process involving them needs to be strengthened. Permitting the elections of the student union to take a colour as depicted in the material is unacceptable at any cost,” it added.
The court issued the direction while hearing Manchanda’s application seeking directions to Delhi University and other authorities to ensure compliance with the Lyngdoh Committee recommendations.
In his application, Manchanda alleged that a series of grave incidents had occurred across university campuses, with hundreds of outsiders allegedly entering college premises and engaging in violence, vandalism and chaos. He also alleged incidents of gunfire, injuries to students and the forcible occupation of classrooms and libraries, posing a threat to the safety and liberty of students.
Additional Solicitor General Chetan Sharma, appearing for the Centre, said such conduct was reprehensible and those found guilty must be brought to book. He submitted that the situation surrounding this year’s elections was relatively calmer and more orderly, adding that FIRs had also been registered in connection with the incidents.
The university’s lawyer, Mohinder Rupal, submitted that the campaign had ended on Wednesday. The matter will now be heard on Friday.