‘Not staying DUSU polls, but can stop counting’: Delhi HC warns over violence, vandalism during campaigning

The Delhi high court on Thursday pulled up Delhi University, the Delhi Police and student organisations over their failure to prevent alleged violence and vandalism during campaigning for the Delhi University Students’ Union (DUSU) elections, observing that allowing student polls to take on a violent character was unacceptable under any circumstance.

A bench of chief justice DK Upadhyaya and justice Tejas Karia directed the Delhi Police and the university to file reports by Friday detailing the action taken in connection with the incidents, saying democracy could not be allowed to be converted into a “criminal society”.

The bench clarified that it was not staying the polls scheduled for Friday, but warned that it could pass stringent directions, including withholding the counting of votes and deferring the declaration of results, if it was not satisfied with the reports.

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The court observed that although Delhi University and the Delhi Police had repeatedly assured it that all necessary steps would be taken to prevent such incidents, material placed on record through an application filed by advocate Prashant Manchanda presented a different picture.

In his application, Manchanda alleged that a series of grave incidents had occurred across university campuses, with hundreds of outsiders entering college premises and engaging in violence, vandalism and chaos. He also alleged incidents of gunfire, injuries to students and the forcible occupation of classrooms and libraries, posing a threat to students’ safety and liberty.

The material, the bench said, indicated an apparent failure on the part of the authorities and students to ensure the smooth conduct of the DUSU elections.

“No excuses will be accepted by the court. Though we are not staying or postponing the elections, if we are not satisfied with the status reports we can pass harsher orders including stopping the counting and postponing the result. It is very very sad. If you are unable to control the situation, we know how to get it done. This cannot be permitted. Do not take the issue lightly. This kind of recklessness, this kind of criminal behaviour, criminal conduct... We cannot permit this. It’s a clear failure of law enforcement agencies, administrative agencies. We are more than conscious that we are a democratic society, but we are also conscious that this democracy can’t be converted into a criminal society. What has the law enforcement agencies and administrative agencies been doing?” the court said.

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It added, “The authorities of the university as well as the Delhi Police have been assuring the court on various occasions that they shall take all steps warranted to ensure that such incidents do not occur. However, the material placed before us through the application depicts a picture where there appears to be complete failure on the part of authorities, students to ensure smooth elections of DUSU. Students union in the university/colleges are said to be nurseries of democracy, and therefore the democratic process involving this needs to be strengthened. Permitting the elections of the student union to take a colour as depicted in the material is unacceptable at any cost.”

The court issued the directions while hearing Manchanda’s application seeking directions to Delhi University and other authorities to ensure compliance with the Lyngdoh Committee recommendations.

Additional solicitor general Chetan Sharma, appearing for the Centre, said such conduct was reprehensible and those found guilty must be brought to book. He submitted that the situation surrounding this year’s elections was relatively calmer and more orderly, adding that FIRs had also been registered in connection with the incidents.

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Delhi University’s counsel Mohinder Rupal submitted that campaigning had ended on Wednesday.