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This is an archive article published on September 13, 2018

Not enough warning on defacement, says Delhi High Court

The court also directed the Centre and the Delhi government to effectuate extensive publicity with a view to inform citizens about the offences involved in defacement.

Students union elections, Student union elections, Student politics, Union polls, Indian Express The court had, in May this year, passed directions to enforce the guidelines after a plea by advocate Prashant Manchanda. (File)

The Delhi High Court Wednesday expressed displeasure over defacement of public properties during election campaigns, saying the government and civic bodies have failed to publicise that defacement could attract punishment. A bench of Chief Justice Rajendra Menon and Justice V K Rao noted that despite guidelines related to defacement of public property, the Delhi University Students’ Union (DUSU) poll witnessed violation of repeated directions issued by the court.

The court also directed the Centre and the Delhi government to effectuate extensive publicity with a view to inform citizens about the offences involved in defacement. The court had, in May this year, passed directions to enforce the guidelines after a plea by advocate Prashant Manchanda. The guidelines provide for a permanent regulatory mechanism with every college having a permanent committee known as College Committee for Prevention of Defacement of Property, comprising a senior faculty member nominated by the principal of the college, and a nominee of the SHO from the local police station.

The court had directed advocate Manchanda to prepare and present a status report along with photographs bearing the dates and locations of the earlier, existing, as well as new defacement carried out by the prospective candidates in the run up to the DUSU elections 2018. The advocate filed his report stating that the students have now resorted to alternative means of defacement through placement of illegal hoardings and banners.

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He submitted that the court, in its order, had said: “we make it clear that defacement of public property does not mean only painting or writing over public property but it also includes pasting of posters and placement of hoardings on the public property.” Following the submission, the bench asked the Delhi government and the Delhi Police to take stringent steps within one week on the issue highlighted by the counsel. It also asked the civic bodies to file a detailed status report with regards to defacement in their areas.

Justice Rao also complained about defacement in the New Delhi Municipal Council (NDMC) area and directed that they should also provide specific data of defacement carried out in their jurisdiction. The court also directed the Centre and the Delhi government to effectuate extensive publicity with a view to inform the citizens about the offences involved in defacement and the forms of defacement.

The petition was filed last year after the DUSU polls, alleging extensive defacement of public property, including that of Delhi University college campuses, Delhi Metro Rail Corporation, municipal properties, flyovers, boundary walls of public buildings, public parks, public streets etc.

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