New Delhi, March 12 The Delhi High Court on Thursday refused to stay a blanket ban on processions, demonstrations, and protests on the Delhi University campus, but said it is of the clear opinion that such a ban cannot exist.
The court asked the university and Delhi Police to respond to a petition filed by a law student against the prohibition.
"When has this order been in effect? Let it remain in effect for 10 more days," a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia said, emphasizing that a balance must be struck in the matter.
"Replies should be filed within a week," the bench ordered, listing the matter for hearing on March 25.
The court also issued notices to the central government and two colleges under Delhi University in the matter.
The counsel for Delhi University said the proctor's decision was based on a prohibitory order issued by the Delhi Police against the assembly of five or more persons in the north campus area.
During the hearing, the court questioned both the police and the university on their decision to impose the restriction, stating that it had a "clear opinion" that a blanket ban cannot exist.
However, it called upon the students to "behave," remarking that they cannot misuse their liberty.
"This liberty cannot be misused. It is only because of Article 19 (fundamental rights of freedom of speech and assembly) that we are intervening. You need to conduct yourselves fairly. Why has this situation arisen? The proctor is also an academician. No academician wants to pass such an order... Reasons, you understand," the bench told the petitioner's counsel.
"We don't want to comment on the conduct of students. See what happened during the elections. Which head of an academic institution would issue such an order, but for a situation created by you? Do something to ensure that you behave properly," it further said.
The lawyer appearing for the Delhi Police said the prohibitory order was initially issued for one month following "intelligence" on a possible clash between two student groups, and it was extended until April 25 in February.
"It (the clash) happened some time back also. They gheraoed the police station," the counsel said.
The court remarked that maintaining law and order is the police's job. It asked why meetings with "restrictions" cannot be permitted, as blanket prohibitions violate Article 19.
"Your premise is that unrestricted meetings can cause (unrest). Then permit it with restrictions. Take action, but won't this type of blanket ban on meetings be an infringement of Article 19?" the court asked.
It said prohibitory orders can only be issued to prevent something that is "going to happen tomorrow".
The court asked Delhi University why a separate order banning protests was issued when the police had already issued prohibitory orders.
The petitioners' counsel claimed that even peaceful assembly of students has been prohibited and asked the court to stay the ban at least for colleges that fall outside the north campus.
The petitioner, Uday Bhadoriya, a law student from Campus Law Centre, said the Delhi University proctor notified the ban on February 17 without any consultation or discussion with the students' union, colleges, the teachers' union, the executive council, or the academic council.
The blanket prohibition, the plea asserted, was issued arbitrarily and was "vague" and disproportionate, as well as in contravention of the fundamental rights of free speech and expression, peaceful assembly, and free movement.
Due to the ban, it added, colleges were not conducting events or seminars, and even the annual fests have either been cancelled or postponed.
"Discussion is core to educational institutes. An educational institute, campus or college cannot be seen as a place for making such a restriction. An educational institution is a place where students learn; this place cannot be curbed and silenced through such an order. Freedom of speech and expression is the very core of the fundamental rights of any citizen in the country, that too in an educational institute," the petition said.
The ban by Delhi University followed two FIRs registered by the Delhi Police in February after a scuffle broke out between two student groups during a protest.
On February 12, a bucket of water was thrown on historian Irfan Habib while he was speaking at a social justice programme.
