Explain stand to DCP: HC to TISS students

The students were booked under Section 143 (punishment for unlawful assembly) and 186 (obstructing public servant in discharge of public functions) of the Indian Penal Code.

According to the police, the students had obstructed an eviction drive carried out by the State Public Works Department, where over 50 homeless families, all belonging to the Masanjogi community — a denotified nomadic tribe — were asked to evict the pavements. They had been living there for several years.

The lawyer who appeared for the students told the bench that as part of their project work, the students were working with the community of pavement dwellers. He told the court that they were only trying to get information whether the slum dwellers had received any eviction notice.

The students said they would approach their lawyer and institute director S Parasuraman, and then meet the DCP.

The public prosecutor, however, told the court that the police had told them that the slums were illegal.
She said some of the witnesses had stated that despite the police reasoning with them, the students misbehaved. She also said that the students were not cooperating with the police during  investigation. “Obstructing demolition of illegal construction in itself is an offence,” said the prosecutor.

“Contact the DCP of that area and explain your stand. That is the only way. Officer must be satisfied,” said Justice Patil. The court has posted the petition for hearing after two weeks.

Expressing displeasure, the judges said the students could
not obstruct a government official from carrying out his duty. They were of the view that the students might have used “authoritative language with the police officers”.

In the last hearing, advocate Mihir Desai, who appeared for the students, told the court that they had almost completed their course and were planning to go abroad.

The lawyer appearing for the students on Wednesday reiterated the same argument, pleading the court to consider their future prospects. The court had on the last occasion said the students could be let off by undertaking an apology. The bench had asked the prosecutor to discuss the case with senior police officers and inform the court about the same on Wednesday.

The incident dates back to November 2013, when the students allegedly tried to obstruct the eviction of pavement dwellers near Anushakti Nagar

mumbai.newsline@expressindia.com