'No Foreign National Outside UNHRC Office': High Court Closes Plea Concerning Gathering Of Afghan Nationals Amid Covid

Taking note of the stand taken by the Delhi Government that the Afghan nationals who were protesting outside the UNHRC Office have been removed, the High Court on Tuesday closed the plea against the alleged gathering and squatting of a large number of foreign nationals in Delhi's Vasant Vihar area, seeking asylum.

Justice Rekha Palli however granted liberty to the petitioner, Vasant Vihar Welfare Association, to approach the Court in future in case the need arises.

"The primary grievance of petitioner stands satisfied. However, he seeks liberty to approach court in future. Dismissed as withdrawn with liberty as prayed for," the Court said.

Earlier, 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. 

It had also observed that the ongoing protest in Delhi's Vasant Vihar area was in clear violation of the executive orders issued by the Delhi Government for regulation of protests and processions.

During the course of hearing today, Advocate Shahrukh Ejaz appearing for the petitioner submitted that the status report filed by the GNCTD in the matter disclosed that the protestors were removed from the concerned area.

"Nothing survives in the petition if they have removed," Justice Palli orally remarked at the outset.

Advocate Satyakam appearing for the Delhi Government also submitted thus:

"This has all been resolved. We should be grateful to the institution sometimes also. Even that small nudge goes a long way."

However, Advocate Ejaz prayed that an affidavit may be directed to be filed by the Ministry of External Affairs on the issue. Not inclined to entertain the aforesaid prayer, the Court went on dispose of the plea accordingly.

"Learned counsel for petitioner submits that the respondents have taken steps after which there is no longer any foreign nationals outside office," the Court recorded in its order.

Previously, the High Court had asked the Delhi Government to show the the steps taken by it for regulation of public processions/ demonstrations, in compliance of Supreme Court's directions in Mazdoor Kisan Shakti Sanghatan v. Union of India (2018).

Case Title: Vasant Vihar Welfare Association v. Union of India