Court notice to police on election posters

By IANS

New Delhi : The Delhi High Court Friday issued notice to the city police on a contempt petition that alleged that the police had failed to take action against those who defaced public property by pasting election posters.


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A division bench comprising Justices T.S. Thakur and Kailash Gambhir asked the police to file their report within four weeks on the action they had taken in compliance with the earlier order of the court.

Monika Arora, an advocate and a former Delhi University Students Union (DUSU) functionary, filed a public interest suit last year to restrict people from defacing walls of public places, including the pillars of the Delhi Metro rail track, during elections, including for the Delhi University Students Union (DUSU).

Arora filed a contempt application, saying that the police did not abide by the court’s order of last year directing them to initiate action against those who defaced walls.

The court refused to issue notice to the Delhi University vice-chancellor and the civic body, saying they were not issued any directions in last year’s order.

In July 2006, the high court had asked the chief secretary of the Delhi government to initiate criminal proceedings against people who were defacing public buildings.

While the hearing was on, Senior Counsel Ram Jethmalani submitted that the authorities could punish the offenders under the Indian Penal Code for destroying public property. The sponsors of the posters and banners could be punished up to one year of imprisonment or fine or both for defacing public buildings.

The court appreciated the submission by Jethmalani.

The station house officers of eight police stations of the capital were present in the court and assured the court they would abide by its ruling. Arora had filed some photographs of defaced public property, including of Delhi Metro stations, showing the walls plastered with posters and bills.

In 2005, the court had passed orders that defacement of public property is a cognisable offence and that the police should register cases and take action on their own if they found violation of the law.

Arora alleged that people were defying the order with impunity and the city police were not taking action against them.

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