The AAP authorities and police have advised the Delhi High Court that AAP MLAs Raghav Chadha and Atishi Marlena can’t be granted permission to protest exterior the residences of Home Minister Amit Shah and Lt Governor Anil Baijal as political gatherings are prohibited by the state catastrophe administration authority, DDMA, until January 31.
Another purpose cited by Delhi Police for denying permission to the 2 AAP leaders was the prohibitory orders issued underneath part 144 of the Criminal Procedure Code (CrPC) for all the central Delhi the place the 2 residences are positioned.
The submissions have been made by the police in its affidavit filed in response to the 2 AAP leaders’ plea difficult the denial of their request for permission to carry protests exterior the houses of the Union Home Minister and the LG.
The matter was listed on Thursday earlier than Justice Prathiba M Singh however no listening to happened because the counsel for the police had sought an adjournment because the proceedings had been to be held in a bodily courtroom.
The counsel for Delhi Police urged the courtroom to record the matter for listening to through video conferencing.
In its affidavit, the police has additionally mentioned that protests within the nationwide capital can solely be held at two places — Jantar Mantar and Ramlila Maidan — that are designated for the aim and nowhere else.
However, in view of the DDMA notification of September final yr, which was prolonged infrequently and now stands prolonged until January 31, no political gatherings of any variety of individuals is permitted within the nationwide capital, police have mentioned within the affidavit.
On December 18, final yr the police had advised the courtroom that permissions had been denied to the 2 AAP MLAs on the idea of orders handed by the Delhi Disaster Management Authority (DDMA) prohibiting giant gatherings within the metropolis in view of the prevailing COVID-19 pandemic.
The police had additionally advised the courtroom that in accordance with a Supreme Court order, it has issued a standing order prohibiting protests and dharnas in residential areas within the nationwide capital.
Both AAP MLAs wished to stage ‘dharnas’ exterior the residences of Shah and Baijal on December 13, 2020 to protest towards the alleged misappropriation of funds by the North Delhi Municipal Corporation, however they had been denied permission.
Both had been detained by police on December 13, 2020 together with another AAP leaders, for trying to protest on the two websites with out the mandatory permission.
They have sought quashing of the December 12, 2020, determination of Delhi Police rejecting their request to carry a protest exterior the residences of Shah and Baijal.
The Delhi police had rejected their request by citing a November 28, 2020 order of DDMA which prohibited until December 31, 2020 all social, educational, sports activities, leisure, cultural, spiritual, political features or different gatherings all through the nationwide capital to forestall the unfold of COVID-19.
Additionally, the police in Atishi’s case had denied the request on “law and order point of view” and in Chadha’s case, on the bottom that part 144 CrpC was in power within the space of New Delhi district.