Candidates Have No Right To Mutilate DU's Walls In DUSU Election: Delhi HC Directs Them To File Affidavit, Take Steps To Beautify Campus

While hearing a plea concerning the "defacement" of public property in Delhi University pertaining to the Delhi University Students' Union (DUSU) elections, the Delhi High Court on Monday (October 28) orally remarked that none of the candidates had to right to "mutilate the walls" of the University campus or of any private residence in the city.  

While expressing its concern the court orally remarked that these students had "young impressionable minds" and it did not want this generation to "take a wrong turn". After the candidates, who were present in court said, expressed their remorse, the court directed them to file an affidavit giving an undertaking that they wont mutilate any public property and list the steps undertaken to beautify the campus. 

A division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela were hearing a plea moved by Advocate Prashant Manchanda in 2017 seeking action against the candidates indulging in the defacement of public properties. The plea also sought the removal of the defacement and refurbishment of the areas. An application was moved by Manchanda against the recent "vandalism and defacement" amid DUSU polls. In the previous hearing the high court had directed 16 candidates to appear before it today. 

During the hearing, while interacting with one of the candidates among various others (including prospective candidates) who had been directed to appear–who were present in court, the court orally said, "You are a student you are role model for others. You have contesting for the highest post, you should not be doing this. You will be setting up a very bad example for others. We are seeing some videos whereby highways were blocked by your supporters. This is not proper. Please get the university area cleaned up. You it seems have a lot of funds at your disposal. You will go get it cleaned up. This whole thing has been done by about 50-60 people and the whole university has got dirty in the process". 

While taking note of the "defacement" in campus law centre (CLC), the court further orally said to another candidate, "How are you doing this setting up such a bad example. And campus law centre we saw in the video, it was all plastered with all sorts of posters".

When the student said that he had infact complained about the posters the court said, "Complained? You cant be crying wolf. Your friends and supporters must have done all this. Please get the campus law centre repainted". The student thereafter said that CLC had been repainted and handed over certain documents. 

Taking note of the same, the court said, "Just see when the posters are being removed, the glue is still there and the papers are there. Still looking very dirty. You have to get it cleaned please". 

Meanwhile the court also took note of a purported video shown by the petitioner–which was also played during the hearing–showing persons purportedly connected to the candidates, stopping traffic on roads. The purported video also showed cars with names of certain candidates "drifting" on roads. 

"They are not hiding it. They are showing it that they are doing it...stopping the traffic in between. Taking photographs and videos," the court orally remarked. 

Don't want to punish young impressionable minds but they must clean up the mess

The court thereafter said to the counsel appearing for the candidates, "We have a lot of materials with us. It is not just this. These are young impressionable minds, we understand that. We don't want to punish them as such. But we want them to clear up the mess. They must restore Delhi University to its old sanctity. Specially the area of campus law centre, you will get this whole thing re painted. And all this you have put the spray paint...it should be cleaned...Everyone will get their own college cleaned up, wherever. All these people who we have summoned today. And you give us a proper affidavit that you have cleaned it up...And please dont bring cars that are un-numbered. What is this you are trying to scare everyone by doing a wheelie and all". 

The counsel appearing for one of the candidates said that while many areas had been cleaned, a few areas are left the same shall also be cleaned as well. will clean that as well.

"They are recognising their mistake. They are ready to repair everything," he added. 

The court then said, that each one of the persons who have been summoned shall give a one page affidavit that they have realised their mistake that they will not repeat it; that they will clean up the area, after which the court will pass the order. 

Meanwhile the counsel appearing for DU submitted that the VC had himself visited almost 30 colleges across the city and had overseen the cleaning process. He submitted that the University was not saying that everything has been clean adding that certain places still require cleaning. 

"He has also called the candidates also. He has given them copies of the defacement act. So now this is a part of the cleaning drive, which has been undertaken by the University," the counsel said. 

The court further asked all the candidates to "join hands at least in this venture", asking them to clean up the University.

Noting the presence of the candidates who had been summoned  by the court's last order the court further orally said, "None of your business to deface or mutilate the walls of Delhi University. No one gives you that right. You contest an election. But you don't have the right to mutilate or deface the walls of Delhi University or anyone's private house. Who has given you that right? Where did you get this from? Who told you, you can go and spray paint anyone's house? Would you like that you house is spray painted saying that vote for X and vote for Y. You must have a feeling for them". 

DU administration must exercise their power

It further orally said to the University's counsel that the VC and the administration must realise that they have power with them and that they are not ineffective.

"Exercise the authority. When the court has given you a direction when there is Lyngdoh Committee report. You are not exercising the power vested in you. And a whole generation can take a wrong turn in the process," the court orally said. 

When one of the candidates said that it was certain other candidates who did not contest in the elections who had painted the walls and defaced the properties, the court orally remarked, "Don't tell us all this. Your name will not be propagated by Mr X or Mr Y. Your name will be spray painted by you and your supporters. And that too whom you have paid money to. Please don't ask us to say something more. We have seen all the cars. The wealth that you have used in the election. It is very very unfortunate. Please don't do this. We are just trying to be kind to you. Because you are still a student. Otherwise we can get FIRs registered against all of you. We want this generation to not take a wrong turn, we just want them to improve. Once you have realised your mistake we understand that, many people commit mistakes". 

It further added that as soon as the concerned candidates submit the affidavits it will order counting of votes, further asking DU to submit a fresh status report. 

Noting the presence of the candidates the high court thereafter in its order dictated, "They express remorse at their actions. They state that they will remove the poster, hoardings, banners, graffiti from the entire campus of Delhi University. As well as other places in Delhi. The aforesaid individuals are directed to file affidavits, along with photographs clearly showing that they have removed all the posters hoardings banners and graffiti and have taken steps for beautification of both the north and the south campus. They should also give an undertaking that in future they shall neither deface nor mutilate any public property. Let the said affidavit be filed at least three dates prior to the next date of hearing". 

Meanwhile senior counsel appearing for ABVP said that the concerned candidates will give their affidavits in advance to Delhi University about the proposed cleaning carried out by them. He added that the candidates shall do this four days in advance so that if certain mistakes are pointed then the same can be covered as well. 

The matter is next listed on November 11.