The Delhi High Court on Monday sought a status report from Delhi Police on a petition filed by civil rights activist Mohammad Wasiq Nadeem Khan, who alleged that he was unlawfully confined to prevent him from attending a peaceful protest at Jantar Mantar. The court also questioned the police’s conduct and examined allegations of surveillance and repeated phone calls to the activist.
A bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice on the petition. During the hearing, the judges observed that although police can deny permission for a protest, their actions must have a lawful basis.
Court Questions Police Conduct
During the proceedings, the bench questioned why police personnel had allegedly entered Khan’s residence and restricted his movement.
“How can you enter the house of this man? You have your right to conduct your duty (but) how can you do it in such a way? Where is your cause to confine him?” the bench orally asked.
Khan’s counsel told the court that two police personnel visited his residence-cum-office on September 29 and allegedly prevented him from moving freely throughout the day. The lawyer argued that the alleged confinement, surveillance and repeated calls amounted to harassment and arbitrary conduct.
The counsel also referred to recent Supreme Court directions concerning the freedom of movement.
Activist Alleges Eight-Hour Confinement
Khan, national secretary of the Association of Protection of Civil Rights (APCR) and founder of the United Against Hate initiative, approached the High Court last week.
According to his petition, personnel attached to Shaheen Bagh Police Station confined him at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave on September 29, from approximately 9:30 am to 5:30 pm. He alleged that the action was intended to prevent him from joining a protest against alleged repeated attacks on places of worship.
The demonstration had been called by APCR, the Monitoring Committee of Indian Muslims and other civil society groups.
Khan further claimed that he was neither formally arrested nor informed in writing of the grounds for his confinement. He alleged that no arrest memo was prepared, no relative was informed and he was not produced before a magistrate.
He also claimed that police personnel continued contacting him about his whereabouts in connection with subsequent protests scheduled for October 2 and October 5, raising concerns about possible further restrictions on his movement.
Police Deny Detention Allegation
Representing Delhi Police, counsel denied that Khan had been detained and pointed out that he had travelled to Kolkata the previous week. The police sought time to place their position on record.
Police counsel said personnel had visited Khan only to make an inquiry after receiving information that he intended to participate in the agitation despite the denial of permission for the September 29 protest. The police also assured the court that he would not receive further phone calls.
The High Court has now sought a status report from Delhi Police before proceeding further with the matter.
The case places allegations of unlawful confinement and surveillance under judicial scrutiny while raising questions about the balance between police responsibilities, protest restrictions and citizens’ freedom of movement. The allegations remain contested, and the court’s request for a report will allow the police to formally present their position.
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