'How Can You Enter His House?': High Court Questions Delhi Police Over Nadeem Khan's Alleged Detention Ahead Of Jantar Mantar Protest

The Delhi High Court on Monday (October 12) orally questioned the Delhi Police as to why did they enter the house of Association for Protection of Civil Rights (APCR) National Secretary Nadeem Khan, who has alleged detention by cops on September 29 purportedly preventing from attending a peaceful protest at Jantar Mantar.

The court issued notice on Khan's plea challenging his alleged detention by the Delhi Police. 

During the hearing, a division bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma asked the police about their response when the petition had already been served to them. 

The court further orally asked Delhi Police's counsel, "How can you enter house of this man? You have right to conduct duty but how can you in such a way? Where is your cause to confine him? Denying permission is your right. Show us where is in law…"

Police's Counsel maintained that Khan was not detained, and the cops had only gone to inquire. He thereafter sought that he may be permitted to file a response.

Meanwhile Khan's counsel opposed this submission and said that Khan was detained on September 29. 

Appearing for Khan advocate Shahrukh Alam referred to pictures and said that on September 29, police officers came to his house and office located in the same compound without any notice or order and detained him. Alam said that the police officers entered Khan's office premises and they were there throughout the day. She said that since that day, there has been repeated surveillance.

Alam said that the police officers stayed till 5:30 pm in evening on September 29.

"I provided them lunch and tea. No notice and order shown. On October 2, my mother was unwell and they called me asking where you are going. They didn't stop me but there was constant surveillance," Alam said. 

Alam submitted that the phone number of the concerned officer had been provided in the petition. She added that Khan is being subjected to constant harassment. She said that Khan has not been able to participate in the protest because he was detained.

"Today I am only pressing the prayer for a declaration that this is harassment," she said. 

Alam said that Khan is the Secretary of APCR and also referred to Supreme Court's directions passed on Sunday regarding CEC protests which permits free movement of people. 

"I am covered by three directions. 16 (b) is relevant (regarding free movement of people) and (no illegal detention in peaceful cases). I get calls every now and then asking what I am doing. If they come to my office it keeps me in a very embarrassing position. I coordinate and work regularly with lawyers. They have long history of filing PILs," Alam said adding that Khan was a social activist. 

Meanwhile the counsel for Delhi Police said that on September 29, he had requested that he will be protesting at Jantar Mantar and permission was denied. He said that Shaheen Bagh Police Station received input that he will still be protesting. The counsel said that police left at 5:30 pm and that "there was no detention".

"It was only to restrict his movement because permission was denied. We didn't visit him thereafter," the police counsel said. 

While dictating the order the court noted the Police Counsel's submission says it is only with intention for surveillance on movement that the officers were deputed.

"As on today there is no restriction on movement of petitioner and it is urged that there is no violation of SC order. Issue notice to respondent. And status report be filed within two weeks," the court noted. 

The court further took on record Delhi police counsel's statement that no phone calls will be made to Khan. 

"Since statement is coming from instructions from SHO, the same is accepted," the court said. 

Meanwhile ASG Chetan Sharma said that notice may not be issued as it may be misconstrued in some way. 

However the court said that it is calling for notice because advance copy was given.

"They should have been ready with status report today. Their intention of not filing status report means they wanted an order of court," the court orally said. 

Khan has alleged that he was confined at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave by police officers attached to Shaheen Bagh Police Station from around 9:30 AM to 5:30 PM, allegedly to prevent him from participating in the protest.

For context, the police allegedly prevented Khan 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.

The petition seeks a declaration that his preventive detention, continued surveillance and alleged harassment are illegal and unconstitutional.

He has also challenged an undated prohibitory order issued by the Delhi Police banning every person in the entire New Delhi District, including at Jantar Mantar, from assembling in groups of five or more and holding any demonstration or dharna or giving any speech or carrying any banner or placard, except without "prior written permission".

Khan has contended that the blanket restriction impermissibly curtail the fundamental rights to freedom of speech and expression and peaceful assembly guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India, besides violating Articles 14 and 21.

According to the petition, Khan was neither formally arrested nor provided any written grounds for his detention. It is further alleged that he was not produced before a Magistrate and no intimation regarding his detention was given to his relatives.

The petition states that an application seeking permission for the protest was submitted to the Parliament Street Police Station on September 19, but no response was received.

Khan has alleged that he was subsequently informed through an anonymous phone call that permission for the protest was cancelled. He claims that he challenged the alleged cancellation before the SHO but received no response.

Further, Khan has asserted that the proposed demonstration was peaceful and that there was no apprehension of violence, breach of peace, obstruction or commission of any offence.

The plea has been filed through Advocates Chinmay Kanojia, Archit Krishna, Tamanna Pankaj and Priya Vats.