Observing that demonstrators outside Delhi CM's residence have made tents squeezing into the residential areas, the High Court of Delhi on Thursday asked the Delhi Police to look into the matter relating to protest being held by mayors of the 3 Municipal Corporations of Delhi.
A Single-Judge bench of Justice Sanjeev Sachdeva remarked that the Right to Protest is guaranteed under the Constitution but added that it should not set a wrong precedent that anyone can hold protest in residential areas causing inconvenience to residents.
The bench adjourned the hearing on the plea filed by Civil Lines Residents' Association for Dec 18, asking Delhi Police's counsel Gautam Narayan to take instructions on various issues relating to protest outside the CM's residence.
An association of Delhi CM Arvind Kejriwal's neighbours had moved the Court seeking action against the Delhi Police for allowing a dharna by three MCD Mayor's outside Kejriwal's residence despite an earlier court order against the same.
The petition contended that the protest is being allowed despite an order dated Aug 22, 2017, directing police to ensure adequate steps are taken for keeping residential roads free from traffic movement & to restrict dharna & protest in the residential area & to ensure that no unnecessary inconvenience is caused to the public at large on account of such protests.
The petitioner lawyer said that it has received the status report filed by the Delhi Police late night & therefore needs time to go through it.
Justice Sachdeva noted that there are tents coming up at the protest site & there are media reports which revealed that some are holding office at the protest site. The bench remarked that the genuine Right to Protest is being affected if such kinds of activities are being allowed in the protest site in the residential colony.
If you set such kind of precedent then anyone can sit & hold a demonstration in any residential areas, the HC noted.
Earlier, the police had submitted that preventive measures were taken over the apprehensions of breach of peace in the area. It had also submitted that as of now the protest has minimised & the traffic movement has resumed in the area & there are minimal barricades & respondent authorities are ensuring that there is no obstruction to the residents & the ingress & egress of the residents from public streets & the traffic is moving freely.
This comes as the mayors of the three BJP-led municipal corporations are holding a protest outside the residence of Delhi CM Arvind Kejriwal seeking to clear the pending dues to the civic bodies.
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