The Delhi High Court on Monday questioned the Delhi Police for allegedly confining activist Nadeem Khan to his house and stopping him from participating in a protest at Jantar Mantar on September 29.
Counsel appearing for Delhi Police told the Bench that the permission to protest at Jantar Mantar was denied to Khan, but the authorities received information that he would still be going.
"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," counsel for the police said.
However, a Division Bench of Acting Chief Justice (ACJ) Nitin Wasudeo Sambre and Justice Sanjay Sharma questioned the police counsel about how it entered Khan's house. The Court said that while it is the police's prerogative to deny permission to protest and do its duty, it could not confine him in such a way.
"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.
It then issued notice to the police and sought a status report in the matter in two weeks. The Court also recorded the police's statement he will not be disturbed through phone calls.
Earlier, advocate Shahrukh Alam had appeared for Khan and argued that he has been facing constant 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, the National Secretary of the Association for Protection of Civil Rights (APCR) and founder of United Against Hate, has approached the High Court against his detention by the Delhi Police for around eight hours on September 29 to prevent him from attending a peaceful protest at Jantar Mantar.
He also asked for compensation for violation of his fundamental rights and an independent inquiry into the conduct of the police officers involved.
According to his petition, a team of police personnel from Shaheen Bagh police station arrived at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave around 9:30 am on September 29 and prevented him from leaving until approximately 5:30 pm. The protest was scheduled to take place at Jantar Mantar at 3 pm against alleged attacks on places of worship.
Khan has claimed that he was neither formally arrested nor informed of any grounds for his confinement. He has further alleged that the police did not issue any written order or follow the statutory safeguards governing arrest and detention.
The petition also alleges continued police surveillance and harassment, citing telephone calls he received from police personnel on October 2 and October 5 in connection with subsequent protest calls.
Khan has also challenged the undated prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) banning protests in the New Delhi area.
However, his counsel today told the Bench that they are not pressing for this prayer as of now.