Delhi High Court questions blanket ban on protests in Delhi University but denies interim stay

The Delhi High Court on Thursday questioned the orders issued by Delhi University (DU) and the Delhi Police, which imposed a blanket ban on protests at the University.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia orally remarked that there cannot be a blanket ban on protests, demonstrations and processions.

The Bench said that if there are any violations of law and order, it is for the police to take action, but a total prohibition may not be correct.

"We are of the clear opinion that there can't be a blanket ban. See the order. Public meetings, rallies, processions, demonstrations, protests, dharnas or agitation of any kind. So, you [DU] will, in its sweep, take even peaceful protests, rallies and processions. How far can you justify this? Where was the need for you to pass this order? If someone had violated [Section] 144 [CrPC], it was for the police to take action. Why did you issue this order? Please tell me what was the requirement for you to issue this order?" Chief Justice Upadhyaya asked.

He also questioned the police's use of Section 144 of the Code of Criminal Procedure (CrPC) to pass an order prohibiting protests.

"There are some preconditions to be met before passing an order of 163 [BNSS]. The language of 163 [BNSS] and 144 [CrPC] is similar and pari materia. Therefore, not only apprehension, if you have to prevent something that is going to happen tomorrow, only then can you use 144," the Court observed.

However, the Bench refused to pass any interim directions to stay the DU and Police directives. Instead, the Bench directed the Police and DU to file their replies within a week and said that it would decide the matter.

The Court also questioned the students' conduct, underscoring that it was only entertaining the matter because it concerns Article 19 (freedom of speech and expression) rights.

"This liberty can’t be misused. It’s only because of Article 19 that we are interfering in the matter. You [students] need to conduct yourself appropriately. Why has the situation come to this? The proctor [of DU who issued prohibitory orders] is also an academic. Why would he pass such an order? No academician wants to pass such an order. But the way you are conducting yourself. See what happened during the [Delhi University Students Union] elections," the Court remarked.

Ultimately, the Bench said that the matter will be heard next on March 25.

The Court passed the order while dealing with a plea filed by Udhay Bhadoriya, a student at DU's Law Faculty.

Bhadoriya has challenged a February 17 notification issued by the Office of the Proctor prohibiting public meetings, processions, demonstrations and any peaceful assembly of five or more persons across University campuses and affiliated colleges. The decision was taken after clashes during recent student unrest over the University Grants Commission (UGC) equity guidelines.

Subsequent advisories by Kirori Mal College and Dayal Singh College reinforced the restrictions, warning of disciplinary action, including suspension and rustication. The colleges also cautioned students and staff against sharing related content on social media.

Meanwhile, the Delhi Police also issued prohibitory orders against the protests. As per the statement made by the Delhi police counsel today, the prohibition has been extended till April.

The petitioner argued that the blanket prohibition violates Articles 14 and 19 of the Constitution. It was submitted that the order is disproportionate and creates a chilling effect on academic discourse.

The plea was filed through advocates Abhishek and Aman Rawat.