UP: Government in No Hurry To Remove Hoardings After Allahabad HC Order

The Bharatiya Janata Party (BJP) government in Uttar Pradesh seems to be in no mood to obey the Allahabad High Court (HC) order asking it to remove hoardings of protesters opposed to the Citizenship (Amendment) Act, 2019.

The Allahabad HC took suo moto cognisance of the hoardings which had names and addresses of alleged rioters and were put up across Lucknow, the state capital of Uttar Pradesh.

On Sunday, a bench of judges comprising Chief Justice Govind Mathur and Justice Ramesh Sinha heard the matter on an urgent basis and observed that erecting such hoardings was “highly unjust”. The judgment in the case was delivered on Monday.

An excerpt from the judgment copy read: “In entirety, we are having no doubt that the action of the State which is subject matter of this public interest litigation is nothing but an unwarranted interference in privacy of people. The same hence, is in violation of Article 21 of the Constitution of India. Accordingly, the District Magistrate, Lucknow and the Commissioner of Police, Lucknow Commissionerate, Lucknow are directed to remove the banners from the road side forthwith. The State of Uttar Pradesh is directed not to place such banners on road side containing personal data of individuals without having authority of law. A report of satisfactory compliance is required to be submitted by the District Magistrate, Lucknow to the Registrar General of this Court on or before 16th March, 2020. On receiving such compliance report, the proceedings of this petition shall stand closed.”

Even after the HC’s order, hoardings still persist at six prominent intersections of the city with no sign of them being taken down anytime soon.

Interacting with the media following the HC judgment, the state Government's electronic media advisor Shalabh Mani Tripathi said the Government was contemplating taking legal opinion in the matter.

Highly placed sources at Uttar Pradesh Chief Minister Yogi Adityanath’s office told NewsClick: “The judgment of the Allahabad High Court is very likely to be challenged in the Supreme Court in the next two days. The hoardings will be kept till the deadline given by the Allahabad High Court.”

"16 tak ka to samay hai hi na to tangi rahengi hoardings (We have time till March 16 and the hoardings will be kept hanging until then)," the source added.

Piyush Mishra, the advocate for activist Deepak Kabir, whose picture appears on the hoardings, says there is no law which could justify the hoardings and that there were multiple legal violations.

"Firstly, if it was okay, the Chief Justice of the Allahabad High Court would never ever have taken suo moto cognisance of the matter. This is a violation of basic human rights and a violation of their right to privacy. It is even taking a toll on the image of the people whose pictures have appeared on the hoardings," he said, adding that those “who were always up to help their (people on the hoardings) families in times of need, have started neglecting and avoiding them; in turn affecting these people mentally as well.”

Mishra said that the decision to put up these hoardings could have been “justified if these people were pronounced criminals by the court but how could the police or administration do this, and under what law? The cases are still sub judice and the police failed in coming up with evidence against these people in connection with the rioting that happened in Lucknow on December 19, 2019. That was the main ground on which these people were granted bail by the court,” he added.

When asked about his next step, Deepak said he was discussing with his lawyers and those close to him about whether he will drag the administration and police to court for damaging his image and inciting people against the protesters.

Ashma Izzat, a Lucknow-based advocate, is contemplating filing a writ in the vacation bench and said the move by the police and the administration was not in accordance with the Indian Constitution.

"This action by the police and Lucknow’s administration is not in accordance with the Indian Constitution. It has put everyone's life in danger and in the prevailing atmosphere in the country, these people have been put in danger of being lynched. What will the government do if the mob takes things into its own hands? Who will be held accountable for it?" she asked.

Advocate and activist Dr. Nutan Thakur has filed a complaint for the registration of an FIR in the case for the use of extremely objectionable, improper and instigating comments against Judges of Allahabad High Court and the Judiciary.

In her complaint to the Inspector of Gomtinagar and the Police Commissioner of Lucknow, Nutan has said that the High Court heard the matter related to the placing of hoardings of alleged riot accused by Lucknow police and district administration. Through its order dated March 9, 2020, the HC directed the hoardings to be immediately removed.

As per Nutan, after the order was passed, many extremely objectionable, improper and instigating comments started to make the rounds on Twitter and on other social media platforms against judges who passed the order and the entire Judiciary. These comments were extremely personal and malicious in nature, her complaint added, saying that imputations had also been made for the judges’ passing the order.