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Association for Protection of Civil Rights (APCR) National Secretary and human rights activist Nadeem Khan has moved the Delhi High Court challenging his alleged detention by the Delhi Police on September 29, when he was purportedly prevented from attending a peaceful protest at Jantar Mantar.

Advocate Shahrukh Alam mentioned the matter today before a division bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma.

Alam said that the matter is emergent involving aspect of personal liberty and that Khan is apprehending detention by the Delhi Police again ahead of the protests to be held in the national capital tomorrow, as he received an oral communication.

Alam said that Khan is not participating in the protests in any manner and that in any case he already has tickets booked for travelling to Calcutta.

She said that Khan was put to house arrest earlier as well and that he was seeking protection against alleged arbitrary detention.

Refusing urgent hearing for today, the Court said:

“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 on some call you are saying that we should pass some order. Sorry. We will hear you. Not today but, Monday."

Khan, who is also the founder of United Against Hate, 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.

Khan has sought compensation for his alleged illegal detention and a time-bound inquiry into the conduct of the police officers, by an officer not below the rank of Joint Commissioner and not connected with the South-East or New Delhi districts.

The petition also seeks quashing of the police order insofar as it prohibits peaceful assembly, protests, raising slogans and speeches and displaying banners or placards at Jantar Mantar.

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

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