HC notice to GNCT, DP on AAP's plea against removal of posters

The city government and police were today directed by the Delhi High Court to respond to Aam Aadmi Party's plea challenging the move of removing its posters from houses of people willing to put them up on their property.

A bench of Chief Justice N V Ramana and Justice Manmohan issued notices to Delhi Government, Delhi Police and also the Election Commission and sought their replies within two weeks on AAP's plea to restrain police and MCD from removing posters from houses under the garb of the Delhi Prevention of Defacement of Property (DPDP) Act.

Appearing for petitioners AAP and two other residents, counsel Prashant Bhushan submitted that this move is "denial of the right to freedom of speech of the citizen and the restriction should be set aside immediately before the campaigning period is going on."

The plea alleged that the said process of removal is a clear violation of the fundamental right of freedom of Speech and Expression guaranteed to every citizen of India under Article 19(1)(a) of the Constitution of India.

It also said on "October 17, 2013 the Election Commission in its reply to petitioners had said that putting up of banners/posters at home of volunteers/supporters on private property is prohibited under DPDP Act."

It sought a direction to police "to stop the take-down and removal of posters/hoardings/other campaign material from the private property of the petitioners, namely their homes, as well as from the homes of any and all citizens of Delhi, under the Act.