'Law Is Law For Everyone; Take A Decision On Shifting Them Within 2 Days': High Court Tells Delhi Govt Over Afghan Protestors

The Delhi High Court today observed that while it has 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 Covid-19 pandemic.

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

However, it refrained from passing any adverse order in view of the request made the Government, seeking some time to resolve the issue peacefully.

The development comes from the Court of Justice Rekha Palli, who was hearing a plea against alleged gathering and squatting of a large number of Afghan nationals in Delhi's Vasant Vihar area, seeking asylum. The said gathering was alleged to be in violation of Covid-appropriate behavior.

Earlier, 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).

Today, Advocate Satyakam filed a status report, indicating that appropriate guidelines have been framed. As per the said guidelines, protests can be held at designated spaces in Jantar Mantar, Ramleela Maidan and the Boat club, after obtaining requisite permission from the authority by moving application in 7 days advance. There are also guidelines for parking of vehicles of those who wish to assemble.

Advocate Satyakam further informed the Court that the total number of protestors cannot exceed 1000. However, protests are prohibited amid Covid-19 pandemic. Further, no marches/ use of loudspeakers is permitted. There is also a prohibition on erecting temporary structures. Furthermore, the protest timing is limited to 10 am to 5 pm.

In the instant case however, the Government conceded that there is no compliance with any of the said guidelines. No prior permission was obtained and the protest is not being held at the designated area. However, photographs were presented to show that Covid-19 guidelines are being followed.

At this juncture, the Court remarked,

"This must be after Court order, when you went to click photographs. Don't we know what is happening when you go for photographs!"

The Court also expressed that it is not inclined to pass unreasonably harsh orders against persons seeking refuge. However, it made it clear that "law is law for everybody". Justice Palli said,

"Firstly they are at a wrong place. It's not a designated protest site. Plus, as per COVID-19 guidelines, more than 100 people can't congregate. If citizens cannot assemble, how can we permit these people? We have compassion but we cannot put the city at risk."

She added, "Right now the situation is alright. What if tomorrow they gather somewhere else? How can we allow this?"

The Government counsels, Satyakam and Ajay Digpaul then pleaded to the Court's conscience and sought time to seek instructions and resolve the issue peacefully. Accordingly, the Bench passed the following order:

"Congregation of such large number of people is in teeth of DDA order. It appears that Petitioners are justified in urging that these protestors should be forthwith directed to shift to a designated place.

At this stage, Adv Ajay Digpaul for Respondents submits that keeping in view of humanitarian angle and that protestors are refugees, further 2 days time be granted to take a holistic decision as to how the issue can be resolved.

Meanwhile, Respondents are directed to ensure that COVID19 protocol is strictly maintained and number of protestors is suitably reduced. List on Tuesday.

It is made clear that if by the next date a decision is not taken by the Government, this Court will be constrained to pass appropriate orders."

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