Association for Protection of Civil Rights (APCR) National Secretary Nadeem Khan has approached the Delhi High Court, alleging that Delhi Police confined him for several hours on September 29 to prevent him from attending a peaceful protest at Jantar Mantar.
Advocate Shahrukh Alam mentioned the petition before a division bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma on Friday, seeking urgent intervention over Khan’s personal liberty.
Alam told the court that Khan apprehended being detained by the police again ahead of protests scheduled in the national capital on Saturday, October 10. She said he had received an oral communication that prompted the concern.
She also submitted that Khan was not participating in the planned protests and had already booked tickets to travel to Kolkata.
The court declined to hear the matter urgently on Friday and said it would take it up on Monday.
“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 of some call you are saying that we should pass some order. Sorry. We will hear you. Not today but, Monday,” the bench said.
Khan Alleges He Was Kept Under House Arrest for Eight Hours
Khan, who is also the founder of United Against Hate, has alleged that police officers attached to Shaheen Bagh Police Station confined him at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave from around 9:30 am to 5:30 pm on September 29.
According to the petition, the police action was intended to prevent him from attending a planned protest at Jantar Mantar against attacks on places of worship and the exclusion of citizens through the Special Intensive Revision (SIR) of electoral rolls.
Khan has claimed that he was neither formally arrested nor given written grounds for his alleged detention. He has also alleged that he was not produced before a magistrate and that his relatives were not informed.
The petition states that an application seeking permission for the protest was submitted to Parliament Street Police Station on September 19, but no response was received. Khan has alleged that he later received a phone call from an unidentified person informing him that permission for the demonstration had been cancelled.
He claims that he challenged the alleged cancellation before the station house officer but received no response.
Petition Challenges Blanket Restrictions on Protests
Khan has also challenged an undated prohibitory order issued by Delhi Police that bars gatherings of five or more people and demonstrations, dharnas, speeches and the display of banners or placards across the New Delhi district, including at Jantar Mantar, without prior written permission.
The petition argues that the restrictions violate the fundamental rights to freedom of speech and expression and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution. It also alleges violations of Articles 14 and 21, which guarantee equality before the law and the right to life and personal liberty.
Khan has maintained that the proposed demonstration was peaceful and that there was no apprehension of violence, a breach of peace or the commission of an offence.
The petition seeks a declaration that his alleged detention, continued surveillance and harassment are illegal and unconstitutional. It also seeks compensation for the alleged detention and a time-bound inquiry into the conduct of the police officers involved.
Khan has requested that the inquiry be conducted by an officer of at least the rank of joint commissioner who is not associated with the South-East or New Delhi districts.
He has further sought the quashing of the police order to the extent that it restricts peaceful assemblies, protests, slogans, speeches and the display of banners or placards at Jantar Mantar.
The petition has been filed through advocates Chinmay Kanojia, Archit Krishna, Tamanna Pankaj and Priya Vats.
