New Delhi: The Delhi High Court Monday questioned the Delhi Police over allegations that its personnel confined civil rights activist Nadeem Khan at his home for eight hours to prevent him from attending a protest at Jantar Mantar, asking what legal authority they had to restrict his movement.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice on Khan’s plea and directed the police to file a status report within two weeks.
“How can you enter the house of this man? You have your right to conduct duty, but how can you do it in such a way? Where is your cause to confine him?” the bench asked. The court observed that while denying permission for a protest was within the police’s authority, it wanted to know the legal basis for confining a person.
Khan, national secretary of advocacy group Association for Protection of Civil Rights (APCR), has alleged that personnel from the Shaheen Bagh police station arrived at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave, where his office and home are located, on 29 September and prevented him from leaving between around 9.30 am and 5.30 pm.
Appearing for Khan, advocate Shahrukh Alam told the court that the police personnel entered the premises without showing any written order or notice. She alleged that the officers remained there throughout the day, and that Khan faced continued surveillance and calls from police personnel asking about his movements.
The police disputed the allegation of detention. Its counsel told the court that Khan had sought permission to hold a protest at Jantar Mantar on 29 September, which was denied. The officers said they had visited Khan’s office only to make inquiries after receiving information that he might attend the protest despite permission having been denied. The counsel said the officers had sat with Khan at the reception and only sought to restrict his movement, adding that they left around 5.30 pm and had not visited him since.
The bench questioned the police over its conduct and why it had not come prepared with a response despite receiving an advance copy of the petition. The police sought time to file its reply. The court also recorded the assurance that police personnel would stop calling Khan.
‘Fundamental rights violated,’ says petitioner
Khan has challenged the alleged confinement as well as an undated prohibitory order restricting the assembly of five or more people and demonstrations in the New Delhi district, including at Jantar Mantar, without prior written permission.
His petition argues that the restrictions violate his fundamental rights to Freedom of Speech and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution, as well as his rights to equality and personal liberty under Articles 14 and 21.
The court has not ruled on the allegations. It will consider the police’s response before proceeding further.
(Edited by Sunanda Ranjan)