High Court Asks Delhi Govt About Steps Taken For Regulation Of Public Processions Pursuant To SC Direction In Mazdoor Kisan Sanghatan Case

The Delhi High Court today asked the Delhi Government to apprise the Court about the steps taken by it for regulation of public processions/ demonstrations.

Justice Rekha Palli, while hearing a petition against alleged gathering and squatting of a large number of foreign nationals in Delhi's Vasant Vihar area in violation of Covid-appropriate behavior, directed the Government to state, "whether any guidelines have been finalized in respect of Supreme Court's directions in Mazdoor Kisan Shakti Sanghatan v. Union of India (2018)."

In that case, the Top Court had observed that the authorities should regulate public processions and demonstrations by framing proper guidelines. It had thus directed the Commissioner of Police, New Delhi to undertake this exercise in consultation with other authorities, within two months.

"Certain categories of peaceful protests and demonstrations, in a guarded and regulated manner, could be allowed so as to enable the protestors to exercise their right and, at the same time, ensuring that no inconvenience of any kind is caused to the residents," the Top Court had said.

In this backdrop, Justice Palli told the Delhi Government to furnish reasons, in case it has not yet framed the guidelines.

The Court also asked the Government to file an affidavit indicating how the issue raised by the instant Petitioner can be resolved at the earliest, so that these gatherings do not act as super spreaders of Covid-19.

The Petitioner's case is that many foreign nationals, mainly from Afghanistan, seeking asylum, had started assembling and squatting in B-Block Vasant Vihar, around the office of UNHCR, common parks and areas. The area has turned into a protest site where people from all age group including children are congregating. Further, it is alleged that in absence of any arrangement by the Respondents to settle these foreign nationals, they are dwelling on the lanes and park of Petitioners' vicinity while congregating in large number, thus, posing high health risk to the residents.

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"The squatting and dwelling of a large number of Asylum seekers and foreign nationals in the common spaces of the locality is causing hindrance in the enjoyment of the same and is also creating a possibility of the spread of Coronavirus as there is no mechanism for ensuring that proper COVID-19 Protocol is observed by the said individuals who probably are not even vaccinated," the plea states.

It is urged that the said gatherings be removed from the area and proper guidelines be framed to manage the issues arising from the current and impending refugee crisis.

The Petitioner also prays that a direction be made to Respondents for framing an appropriate policy to ensure that such congregations of foreign nationals/asylum seekers/refugees do not occur in the proximity of residential areas.

Petition is filed by Advocates Shahrukh Ejaz and Nilotpal Bansal.

Case Title: Vasant Vihar Welfare Association and Anr. v. Union of India & Ors.