"What Do You Propose To Do? Will You Continue Permitting?": High Court Seeks Delhi Police's Stand Over Removal Of Protestors Outside UNHCR Office

The Delhi High Court on Wednesday sought the stand of the Delhi Police as to within what time frame the three protestors outside the office of United Nations High Commissioner of Refugees (UNHCR) will be removed from the national capital.

Justice Rekha Palli also asked the Delhi Police to seek instructions on the steps it proposes to take in future when faced with similar issues.

The Court was dealing with a plea filed by Vasant Vihar Welfare Association stating that a large number of foreign nationals have been gathering outside the UNHCR office. The plea therefore sought a solution to the recurring issue of gathering of protestors.

During the course of proceedings, Advocate Hrishikesh Baruah appearing for the petitioner association submitted before the Court that while the problem is continuing since the month of October, the Delhi Police had taken no steps to resolve the issue.

Baruah relied on the judgments of Mazdoor Kisan Shakti Sanghatan v. Union of India (2018) and Amit Sahni v. Union of India to submit that some guidelines must be put in place to avoid such situations in future.

When the Court was apprised by the counsel appearing for the Delhi Police that there were only three protestors outside the office who were sitting during the night time, the Court said:

"What do you propose to do? Till the UNHRC is there, will you continue permitting? Every time somebody will come to court and say 'please remove them'."

"Tomorrow something else may happen in the world and again this will happen. We have to maintain the law and order in our country or somebody else will come and do it?"

The Delhi Police informed the Court that it will ensure that no such situation arises in the future.

While asking the Delhi Police to take instructions in the matter, the Court adjourned the hearing by four weeks.

Earlier, the Court had closed the plea against the alleged gathering and squatting of a large number of foreign nationals outside UNHCR office taking note of the stand taken by the Delhi Government that the Afghan nationals were removed.

The Court had observed that while it had compassion for Afghan nationals who have been displaced amid the political de-stability in their country, it cannot allow them to protest (for seeking refugee status) in public places amid the Covid-19 pandemic. 

Title: VASANT VIHAR WELFARE ASSOCIATION & ANR. Vs. UNION OF INDIA & ORS.