Delhi High Court seeks police report on activist's illegal detention plea

The Delhi High Court has sought a status report from Delhi Police on activist Mohammad Wasiq Nadeem Khan's plea alleging unlawful confinement ahead of a protest. The hearing puts police conduct, surveillance claims and protest rights under judicial scrutiny.

In Short

• Bench issued notice after allegations of day-long restraint at his office-home
• Judges questioned how officers could enter premises and restrict movement
• Police denied any detention and sought time to file response

The Delhi High Court on Monday asked Delhi Police to file a status report on a plea by civil rights activist Mohammad Wasiq Nadeem Khan, who alleged that he was illegally detained to stop him from attending a peaceful protest at Jantar Mantar. The court issued notice on his petition, which also accused the police of constant surveillance and repeated phone calls.

A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma also questioned the conduct of the police personnel during the hearing. While noting that the police have the right to deny permission for a protest, the bench orally asked, "How can you enter the house of this man? You have your right to conduct your duty (but) how can you do it in such a way? Where is your cause to confine him?"

Khan's counsel told the court that on September 29, two police personnel came to his residence-cum-office and restrained his movement through the day. The counsel alleged that Khan had been under constant surveillance and said this amounted to "harassment and arbitrary behaviour". The lawyer also referred to recent Supreme Court directions on ensuring free movement of people.

Appearing for the police, counsel said Khan was not detained in any manner and pointed out that he had travelled to Kolkata last week. The police sought time to place their stand on record and also assured the court that Khan would not receive further phone calls. The court was told that Khan had earlier sought permission to hold a protest at Jantar Mantar on September 29, which was denied. The police counsel said some personnel had visited him only for a "query" after receiving information that he was going to take part in the agitation despite the denial.

Khan, the national secretary of the Association of Protection of Civil Rights and founder of the United Against Hate initiative, moved the high court last week. He alleged that police officials attached to Shaheen Bagh Police Station confined him at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave on September 29 from around 9.30 am to 5.30 pm to prevent him from joining the protest. The protest had been called by APCR, the Monitoring Committee of Indian Muslims and other civil society groups against alleged repeated attacks on places of worship. Khan said he was neither formally arrested nor given written grounds for his confinement. He also claimed that no arrest memo was prepared, no relative was informed and that he was not produced before a magistrate. He further alleged that police personnel continued to contact him about his whereabouts in connection with later protests on October 2 and October 5, creating apprehensions of further restrictions on his movement.

The high court has now sought a status report from Delhi Police on Khan's allegations that he was confined, kept under surveillance and contacted repeatedly to stop him from attending protests.

- Ends