The Delhi High Court on Monday instructed the city police to submit a status report responding to allegations by civil rights campaigner Mohammad Wasiq Nadeem Khan that officers unlawfully restrained him to obstruct his attendance at a demonstration.
A bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice on Khan’s plea and raised questions regarding the conduct of the law enforcement personnel involved. While observing that authorities hold the power to refuse permission for public protests, the judges questioned the police counsel on what legal justification permitted officers to enter the petitioner’s residence and restrict his movement.
Police Reject Detention Claims
Appearing for the Delhi Police, counsel denied that Khan had been placed under detention, informing the court that he had travelled to Kolkata during the previous week. The government counsel told the bench that personnel had only visited Khan’s premises to make inquiries after receiving information that he intended to join the gathering despite the rejection of official clearance.
The police counsel sought time to formally place the department’s position on record and gave an undertaking that Khan would receive no further telephone inquiries from officials.
Petitioner Details Day-Long Restraint
Khan, the national secretary of the Association for Protection of Civil Rights (APCR) and founder of the United Against Hate initiative, approached the high court last week. He submitted that officers from the Shaheen Bagh Police Station confined him at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave from approximately 9:30 a.m. to 5:30 p.m. on September 29.
According to the petition, two personnel arrived at his combined residence and office, curbing his freedom throughout the day without an official arrest, written grounds, an arrest memo, notification to family members, or production before a magistrate. Khan’s counsel urged the court to declare the actions arbitrary and an act of harassment, citing recent Supreme Court rulings regarding the protection of citizens’ free movement.
Surveillance Concerns and Protest Context
The petition further stated that police continued tracking Khan’s whereabouts with calls linked to subsequent rallies planned for October 2 and October 5, giving rise to concerns over recurring restrictions on his movement.
The September 29 demonstration at Jantar Mantar had been called by the APCR, the Monitoring Committee of Indian Muslims, and partner civil society groups to stage a peaceful protest over reported attacks against places of worship, but police authorities had declined permission for the gathering.
