‘How can you confine him?’ Delhi HC questions police over Nadeem Khan’s alleged detention ahead of Jantar Mantar protest
The Delhi High Court on Monday questioned the Delhi Police over allegations that activist Nadeem Khan was confined to his residence and prevented from attending a protest at Jantar Mantar on September 29.
Appearing for the police, counsel told the court that permission to hold the protest had been denied to Khan. However, the authorities had received information that he would attend the demonstration despite the denial.
"Please look at the picture, we are sitting at the reception. My lords can see we are sitting with him. There was no detention. It was only to restrict his movement. We have not been visiting him thereafter," the police counsel submitted.
A Division Bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma questioned the police about how its personnel had entered Khan's residence. The court said that although the police could deny permission for a protest and take necessary action in the discharge of their duties, they could not restrict a person's movement in such a manner.
"How can you enter the house of this man? You had your right to conduct the duty, how can you do it in such a way? Where are your cause to confine him? Denying permission is within your rights. Please show us in law where is your..." the court remarked.
The Bench issued notice to the Delhi Police and directed it to submit a status report within two weeks. It also recorded the police's statement that Khan would not be disturbed through phone calls.
Earlier, advocate Shahrukh Alam, appearing for Khan, told the court that the activist had been subjected to continued harassment.
"On October 2, my mother was unwell, I was leaving to meet her. 7:30 in the morning, they called me asking where i was going. I wasn't stopped but there has been continued surveillance... I haven't even been participating because I am either intimidated or detained," she said.
Khan, national secretary of the Association for Protection of Civil Rights (APCR) and founder of United Against Hate, has moved the High Court challenging his alleged confinement by the Delhi Police for around eight hours on September 29 to prevent him from attending a peaceful protest at Jantar Mantar.
He has sought compensation for the alleged violation of his fundamental rights and an independent inquiry into the actions of the police personnel involved.
According to the petition, a team of police personnel from Shaheen Bagh police station reached the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave at around 9.30 am on September 29 and allegedly prevented Khan from leaving until approximately 5.30 pm.
The protest, scheduled for 3 pm at Jantar Mantar, was called against alleged attacks on places of worship.
Khan has alleged that the police neither formally arrested him nor informed him of the grounds for restricting his movement. He has also claimed that no written order was issued and that the statutory safeguards governing arrest and detention were not followed.
The petition further alleges that Khan continued to face police surveillance and harassment. It cites telephone calls from police personnel on October 2 and October 5 in connection with subsequent calls for protests.
Khan has also challenged an undated prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which prohibits protests in the New Delhi area.
However, his counsel told the Bench on Monday that they were not pressing this particular prayer at this stage.
