'Freedom Of Movement Is Police's Problem, Court Can't Take Cognizance': High Court On Delhi University's Plea Against Protest By Professor

The Delhi High Court on Friday disposed of a plea moved by the Delhi University against protests carried out by Dr. Ritu Singh, a former professor of the varsity, and her followers in the North Campus.

Justice Subramonium Prasad said that it is a matter pertaining to law and order problem which will be taken care of by the Delhi Police, in accordance with law.

“This court is not inclined to proceed further at this stage. The petition is disposed of,” the court said.

It added that it is open for the varsity to file a complaint to the Commissioner of Police who will take action on it in accordance with law as per the factual situation.

Delhi University, in its plea, said that Singh has illegally started encroaching upon a large space of land in front of Gate No. 4 of the Faculty of Arts in North Campus and is holding protests or dharnas which is disrupting the smooth and effective functioning of the academic institution.

The varsity sought direction from the Commissioner of Delhi Police to ensure the peaceful and smooth functioning of the University and its constituent colleges and departments.

Advocate Monika Arora appearing for the varsity told the court that those protesting on the campus are outsiders and that Singh is not a teacher, a student or a staff member.

Arora said that Singh has been protesting outside the Art Faculty and is also calling her followers which is not allowed.

To this, Justice Prasad said: “Why do you think the police is not doing its duty? At the end of the day, it is the police's duty. I cannot pass a mandamus…”

The court added: “Freedom of movement is police problem. Please understand, I cannot take cognizance of the argument that an instrumentality of the State is failing. It is a dangerous argument. Please understand the constitutional ramifications of that argument. That cannot be permitted.”

The plea said that Singh was obstructing the free ingress and egress of the students and officials of the Delhi University and was raising slogans and personal allegations against its officers. It added that Singh was threatening the varsity's officials, including the Vice-Chancellor.

The varsity alleged that Singh had defaced public property by pasting posters and banners across the walls of the North Campus, which is a punishable offense under the Delhi Prevention of Defacement of Property Act, 2007.

“The Respondent No. 2 has now given a call of "Halla Bol" for 06.02.2024 against the Vice-Chancellor ofthe University ofDelhi along with her supporters and outsiders and the Respondent No. 2 and her followers/supporters have set shop inside the premises of the North Campus and are creating nuisance, shouting slogans and holding loud demonstrations inside the North Campus, University of Delhi,” the plea said.

Title: UNIVERSITY OF DELHI v. COMMISSIONER OF POLICE & ANR.

Citation: 2024 LiveLaw (Del) 207