The Delhi High Court on Saturday directed Delhi Police to consider a petition seeking permission on holding a peaceful ‘Black Lives Matter’ protest outside Uttar Pradesh Bhawan.
The direction was passed by a single Judge Bench of Navin Chawla while consideringa petition by Indigenous People of Biafra.
The Petitioner organization works for the care and welfare of people from the Biafra region in Nigeria, Africa.
Arguing that Black lives mattered even in India, the Petitioner wanted to hold a demonstration outside Uttar Pradesh Bhawan against the alleged illegal detention of two Biafrans by Greater Noida Police since September 2019.
The Petitioner asserted that till date, neither the accused nor their relatives have been informed about the reason for the arrest.
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It is stated that representations had already been made to various authorities regarding the illegal detention of the Biafrans before approaching the court.
Finally, a representation was sent to Delhi Police Commissioner and SHO of Chanakyapuri Police Station, seeking permission to hold peaceful protest under the banner of IPOB and Black Lives Matter at Uttar Pradesh Bhawan.
Seeking permission to stage the protest, the Petitioner stated,
That the Great Constitution of this Country Grants Equality to Every Person whether a citizen or non citizen and thus even foreigners have equal rights to hold peaceful protest akin to the same rights available to that of the citizens of this Country..Because Black Lives matter even in India and the constitution of India provides equal rights to all the persons India of any race or religion and the principals of equality have also been bestowed upon a foreigner even if he is black.
The Petitioner had also sought directions to be given to the UP Police to allow the illegaly detained Bifarns to meet their advocates and relatives and subsequently produce documents of their detention.
In view of the above, the Court directed Commissioner, Delhi Police to consider the contents of the present petition and communicate its decision to the Petitioner within three days about black lives matter protest.
“Needless to say that if the petitioner is aggrieved of the decision of the respondent no.1, it shall always be open to the petitioner to challenge the same in accordance with the law”
With respect to the illegal detention of two biafrans, the Court stated that it did not have territorial jurisdiction to entertain the plea as the two were in the custody of the police at Greater Noida, State of Uttar Pradesh.
The Petitioner was represented by Advocates Kamlesh Kumar Mishra, BibhutiBhushan Mishra and KritiKumari.
State was represented by Additional Standing Counsel Anuj Aggarwal.
Read the petition here: