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Judgment
CM No. .................(exemption) (to be numbered)
Let the application be registered by the Registry. Allowed, subject to just exceptions.
The application is disposed of. W.P.(C) 7824/2017
This writ petition inter alia complains of defacement of public property in the Delhi University, properties within the jurisdictions of the Municipal Corporation and properties of the Delhi Metro Rail Corporation.
The petitioner places reliance on Sections 78 and 82 of the Metro Railway (Operation and Maintenance) Act, 2002, which empower the police officers to register cases and take action against the offenders who intend to or likely to cause damage to or destruction of any of the metro properties. We may usefully extract Sections 78 and 82 of the Metro Railway (Operation and Maintenance) Act, 2002 which read as follows: "78. Damage to or destruction of certain metro railway properties.-
(1)Whoever, with intent to cause or knowing that he is likely to cause damage to or destruction of any of the properties of the metro railway referred to in sub- section (2), causes by fir, explosive substance or otherwise causes damage to such property, he shall be punishable with imprisonment for a term which may extend to ten years. (2) The properties of the metro railway referred to in sub- section (1) are the metro railway track, tunnels, sub- way, box- structures, station buildings and installations, carriage and wagons, rolling stock, signalling, telecommunication, airconditioning and ventilation equipments, electrical sub- station, drainage pump, escalators, lifts, lighting installations, ticket vending machine, ticket barriers, electric traction and block equipments, and such other properties as the Central Government may, by notification, specify.
xxxx xxxx 82. Power of arrest without warrant.-
(1) If a person commits any offence mentioned in sections 59, 61, 65 to 79, he may be arrested without warrant or other written authority by any metro railway official or by a police officer not below the rank of a he d constable or by any other person whom such metro railway official or police officer may call to his aid: Provided that where a person has been arrested, by any person other than the police officer, he shall be made over to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. (2) A person so arrested under sub- section (1) shall be produced before the nearest Magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twenty- four hours of such arrest exclusive of the time necessary for the journey from the place of arrest to the court of the Magistrate."
The petitioner has placed on record, photographs of the advertisements which have been painted using spray paints on tiles of properties of the Delhi Metro Rail Corporation. There is also defacement by way of pasting of posters. It is submitted that it is almost impossible to completely remove these defacements and such offences would attract the punishment with imprisonment for a term which may extend to ten years.
The advertisements placed on record contain the names of the following candidates : (i) Rocky Tuseer (NSUI)
(ii) Ankit Basoya (ABVP)
(iii) Shakti Singh (ABVP) (iv) Ravi Yadav (ABVP)
(v) Kawar (NSUI) (vi) Vineet Chaudhary (NSUI)
(vii) Meenakshi Meena (NSUI) (viii) Hari Godhara (ABVP)
(ix) Rajat Chaudhary (ABVP) (x) Umaa Shankar (ABVP)
(xi) Sudhir Dedha (ABVP) (xii) Kunal Sehrawat (NSUI)
(xiii) Dinesh Tawar (NSUI) (xiv) Sumit Dhankad (ABVP)
(xv) Viishwa Badola (ABVP) (xvi) Parth Rana (ABVP)
(xvii) Mahamedha Naagar (ABVP) (xviii) Akhil Chaudhary (ABVP)
(xix) Pragya Malik (ABVP) (xx) Mehul Parashar (ABVP)
(xxi) Ankiv Basoya (ABVP) (xxii) Shauryaveer Singh (NSUI)
(xxiii) Avinash Yadav (NSUI)
It is submitted by the petitioner that having regard to the above, the offence is cognizable and non-bailable and the offenders are liable for stringent punishment.
Given the prayers made in the writ petition and this application, it would be appropriate if these persons are also impleaded as respondents. The petitioner shall file an amended memo of parties within one day from today.
Subject to the same and taking steps, issue notice to show cause to all the persons mentioned in para no.6 above. Notice shall be served through Election Commission (DUSU), Delhi University, Delhi. Dasti notices be given to Mr. Mohinder J.S. Rupal, learned counsel for the University of Delhi for serving these persons.
Let status reports be filed by the respondents before the next date. List on 20th September, 2017.
CM No..............(to be numbered) (u/s 151 CPC for placing additional documents and photographs on record) Let the application be registered.
Issue notice, returnable on 20th September, 2017. Copy of this order be given dasti to the petitioner who appears in person under signatures of the Court Master.