Delhi HC refused urgent hearing to activist against detention, challenges protest curbs

The Delhi High Court on Friday refused to grant urgent hearing on a plea by civil rights activist Mohammad Wasiq Nadeem Khan alleging that he was illegally detained by police to prevent him from attending a peaceful protest at Jantar Mantar.

His counsel mentioned the plea urging the court to list it for hearing during the day, saying there was an apprehension that Khan could again be detained and put under house arrest while he has to catch a flight Friday for travelling to Kolkata.

A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma refused to list it for hearing during the day and said it would be heard on October 12.

The counsel said the matter is emergent involving aspect of personal liberty and that Khan is apprehending detention by Delhi Police again ahead of the protests to be held in the national capital Saturday, as he received an oral communication.

The lawyer claimed that Khan was not participating in the protests in any manner and that he already has tickets booked for travelling to Kolkata Friday.

She said that Khan was put to house arrest earlier as well and that he was seeking protection against alleged arbitrary detention and if the plea is not heard today, it would become infructuous.

The bench, however, refused to list the matter during the day and said, "Who has stopped you from travelling? There is no written communication that you should not travel or that you will be put under house arrest. On the basis on some call you are saying that we should pass some order. Sorry. We will hear you. Not today but, Monday."

Khan, who is the national secretary of Association of Protection of Civil Rights (APCR) and the founder of United Against Hate initiative, has alleged that he was confined at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave by police officials attached to Shaheen Bagh Police Station on September 29 from around 9:30 AM to 5:30 PM, to prevent him from participating in the protest.

APCR and the Monitoring Committee of Indian Muslims along with other civil society groups had called a peaceful protest at Jantar Mantar on September 29 against repeated attacks on places of worship.

Khan has also challenged a prohibitory order restricting public gatherings in the New Delhi district and sought to declare that his confinement on September 29 was illegal and unconstitutional and compensation for the alleged violation of his fundamental rights,

The petitioner alleged that he was neither formally arrested nor provided with written grounds for his confinement. He also claimed that no arrest memo was prepared, no relative was informed and he was not produced before a magistrate.

Khan further alleged that police personnel continued to contact him regarding his whereabouts in connection with subsequent protests on October 2 and October 5, creating apprehensions of further restrictions on his movement.

Challenging Delhi Police's prohibitory order, the petitioner said it prohibits assemblies of five or more persons, processions, demonstrations, picketing, dharnas, raising slogans and making speeches without prior written permission. It also restricts carrying of specified articles, including banners and placards, and warns of legal action for violations.

The plea said the order imposes sweeping restrictions on peaceful assembly and freedom of expression without identifying a specific or imminent threat to public order.