HC questions need for law on defacement of public property

Delhi High Court today asked the city government to explain the need for a law on defacement of public property to govern political hoardings when a policy on outdoor advertisements was already in place.
"It appears there is some conflict in the (Delhi Prevention of Defacement of Property) Act. Why it was adopted in 2009, even though the policy regulating outdoor advertisement was very much in force since 2007," a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw, said.
The court posed the query to Delhi government's standing counsel Zubeda Begum while hearing a plea challenging the move of the authorities to remove posters from houses of people who were willing to put them up on their property.

"We (court) cannot go by this (Act)," the judge said, adding that the government needed to clear its stand on the issue by January 12.
Appearing for petitioners Aam Aadmi Party (AAP) and city resident Anil Bhatia, advocate Prashant Bhushan submitted that the move amounted to "denial of right to freedom of speech of the citizen and the restriction should be immediately set aside before the campaigning period gets going."
The petitioners have also sought a declaration from the court that "the Delhi Prevention of Defacement of Property Act, 2007, does not prohibit putting up of posters or banners on one's own house or any other building with the consent of their owners".

Bhushan alleged that the said process of removal was a clear violation of the fundamental right and freedom of speech and expression guaranteed to every citizen of India under Article 19(1)(a) of the Constitution of India.
The petition was filed after Delhi Police had removed posters from private properties of AAP supporters and threatened them with action under the Delhi Prevention of Defacement of Property Act, 2007.