A Delhi court has ordered the registration of an FIR against Aam Aadmi Party (AAP) supremo and former Chief Minister Arvind Kejriwal, along with other individuals, over allegations of defacing public property through unauthorized hoardings. The case has been filed under the Delhi Prevention of Defacement of Property (DPDP) Act, 2007.
The order was passed by Additional Chief Judicial Magistrate (ACJM) Neha Mittal at Rouse Avenue District Court in response to an application filed by complainant Shiv Kumar Saxena under Section 156(3) of the Criminal Procedure Code (CrPC). The court directed the Station House Officer (SHO) of Dwarka South police station to register an FIR under Section 3 of the DPDP Act, which deals with penalties for defacing public property.
Allegations Against Kejriwal & Others
Saxena alleged that in 2019, Kejriwal and his associates misused public funds to put up large-scale hoardings featuring greetings and political messages at multiple locations in Dwarka, Delhi. The illegal hoardings were displayed at:
- Crossings and main roads
- Power poles
- DDA park boundary walls
- Public properties in various sectors of Dwarka
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Among the accused were MLA Gulab Singh and Nigam Parshad Nitika Sharma. Some of the hoardings included:
- A message stating that the Delhi Government would start registration for darshan at Kartarpur Sahib, featuring images of Arvind Kejriwal and Gulab Singh.
- A greeting for Gurunanak Dev Jayanti and Kartik Purnima, carrying the name and photograph of Nitika Sharma.
- Another banner displaying images of Narendra Modi, Amit Shah, JP Nadda, Parvesh Verma, and Ramesh Bidhuri.
The court emphasized that the placement of these hoardings violates the DPDP Act, 2007, which prohibits unauthorized display of advertisements or posters on public property. The judge noted:
“The complainant has placed on record photographs with date and time stamps proving that the accused individuals and others have illegally put up hoardings. Section 5 of DPDP Act, 2007 states that an offence under this Act is cognizable.”
The court further stated that illegal hoardings are not just a public nuisance but also a traffic hazard that can distract drivers and endanger pedestrians. It also highlighted that deaths caused by collapsed illegal hoardings are not uncommon in India.
Delay in Investigation and Court's Concerns
The court expressed concern over the investigating agency’s delay in acting on Saxena’s complaint, which was initially filed in 2019. The judge remarked:
“The investigating agency cannot be allowed to blow hot and cold. The delay occurred due to repeated non-filing of the Action Taken Report (ATR) despite court directions. Now, the agency cannot evade responsibility by stating that evidence has been lost over time.”
Initially, a magisterial court dismissed the application in 2022, citing that a field investigation was unnecessary. However, Saxena appealed, and the order was overturned in January 2025 by the Special Judge (PC Act), who remanded the case back to the trial court for fresh consideration.
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Need for Police Investigation
The court noted that a detailed investigation is necessary to determine:
- Who printed the hoardings
- Who authorized their installation
- Who was responsible for placing them on public property
Since the hoardings did not carry details of the printing press, the complainant could not independently gather this evidence. The court stressed that only an official police investigation could uncover the complete facts.
Concluding its findings, the court ruled that an FIR must be registered immediately. The order read:
“The concerned SHO is directed to register an FIR under Section 3 of the DPDP Act, 2007 and any other offences that emerge from the investigation.”
This ruling underscores the seriousness of illegal hoardings and the importance of holding public officials accountable for violations of the law.
