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Do you permit anybody to put up tents anywhere on the road, Justice Palli rebukes Delhi Police over refugees outside UNHCR, Vasant Vihar

The Delhi High Court on Friday sought response from the Centre, Delhi Government and Delhi Police, among others, in a plea filled against the congregation of foreign nationals, who claim to be refugees or asylum seekers, outside the office of the United Nations High Commissioner for Refugees in Delhi’s Vasant Vihar.

A single-judge bench of Justice Rekha Palli, while refraining to pass any speaking order at the moment, issued notice in Vasant Vihar Welfare Association’s plea, and posted the matter for December 12, 2021.

“What are your guidelines? Do you permit anybody to put up tents anywhere on the road?” the bench stated while rebuking Delhi Police’s lackadaisical approach in dealing with the issue. The Delhi Police informed the Bench that only six persons have squatted outside the UNHCR office.

Filed through Advocates Shahrukh Ejaz and Nilotpal Bansal, the plea states that “squatting and dwelling of a large number of asylum seekers and foreign nationals in the common spaces of the locality is causing hindrance in the enjoyment of the same and is also creating a possibility of the spread of Coronavirus as there is no mechanism for ensuring that proper COVID-19 Protocol is observed by the said individuals,”

The plea, thereby, prays for removal of the protesting foreign nationals from the locality of Vasant Vihar and for settling them at appropriate dwellings or camps. The plea, inter alia, seeks preventive measures to ensure that the source of water supply in the locality is not affected owing to contamination being done by the asylum seekers.

In addition, the plea prays for formulation of a policy to ensure that congregation of foreign nationals, asylum seekers and refugees is not permitted within the proximity of residential areas.

Alleging that such repeated congregation of squatters and dwellers is causing nuisance for the residents of the locality, the petitioners apprehend that the situation could flare up any time and turn uncontrollable.

“If no respite is provided by the Respondents to the foreign nationals and the number of such persons keep increasing, the same could be a recipe of disaster in terms of public order as there is a possibility of the protest becoming violent and the pent-up anger of the foreign nationals being unleashed on the locality threatening the public and private property along with the unsuspecting residents,” reads the plea.

In an earlier petition filed by the petitioner association seeking similar relief, the Bench had earlier expressed concern over the large gathering of the foreign nationals outside the UNHCR office. The petition, was however withdrawn later upon a Status Report being filed by the Delhi Police pointing out that the Afghan refugees who were protesting outside the office of UNHCR had ended their agitation.

The Association has approached the Court with a grievance in respect of the gathering, squatting and dwelling in temporary structures and tents outside the office of the United Nations High Commissioner of Refugees by the foreign nationals.

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