Why can’t political ads be put up on private land, asks HC

The query was made during a hearing on a plea filed by AAP volunteer Anil Bhatia.

The Delhi High Court on Tuesday asked the Delhi government to respond on why there was a separate Act to regulate defacement of property by political hoardings when there was already a law in place to regulate outdoor advertisements.

“It appears there is some conflict in the (Delhi Prevention of Defacement of Property) Act. Why was it adopted in 2009, even though the policy regulating outdoor advertisement was very much in force since 2007,” the court of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.

The query was made during a hearing on a plea filed by AAP volunteer Anil Bhatia. He had challenged the policy which prevents persons from putting up political posters on private property.

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The petition was filed in 2013 after the Delhi Police removed posters from private properties of AAP supporters and threatened them with action under the Delhi Prevention of Defacement of Property Act.

During arguments on Tuesday, advocate Prashant Bhushan said the move amounted to “denial of right to freedom of speech of the citizen and the restriction should be immediately set aside before the campaigning period starts”.

The court has allowed Bhushan to submit Supreme Court judgments in this regard and make further arguments on the issue on January 12.

The petitioners have also sought a declaration from the court that the Delhi Prevention of Defacement of Property Act, 2007, does not prohibit putting up of posters or banners on one’s own house or any other building with the consent of the owners.

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