The Hindu : New Delhi News : Court directive on defacement of public property in the Capital

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Friday, Mar 23, 2007
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Court directive on defacement of public property in the Capital

Staff Reporter

Delhi police asked to take action against violators

NEW DELHI: The Delhi High Court on Thursday directed the Delhi police to take action against people and organisations that deface public property by sticking posters, bills and writing slogans on them. A Division Bench of the Court comprising Justice T.S. Thakur and Justice S.N. Aggarwal directed the police to prosecute those who indulge in defacement of public property under Section 425 (mischief) and 434 (mischief by destroying or moving) of Indian Penal Code (IPC).

The directions came on a public interest litigation by lawyer Monica Arora. She had earlier showed to the Court some photographs of public property, including those of the Metro stations, whose walls had been plastered with posters and bills. The High Court had in 2004 passed orders saying that defacement of public property was a cognizable offence and the police should register cases and take action on their own if they found violation of the law that protected public property from defacement.

The Bench had further directed that the Assistant Commissioners of Police (ACPs) and Station House Officers (SHOs) would be held liable for violation of the law. The Bench had also directed the city police to pass a circular to this effect. Following the court directions, the city police had issued a circular asking all SHOs to take action against persons and organisations that indulged in the defacement of public property.

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