New Delhi [India], October 9 : The Delhi High Court on Friday declined to urgently hear a plea filed by human rights activist Nadeem Khan challenging his alleged detention by the Delhi Police to prevent him from attending a peaceful protest at Jantar Mantar on September 29.
A division bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma said it would hear the matter on Monday after advocate Shahrukh Alam, appearing for Khan, mentioned the petition, citing concerns over personal liberty and apprehension of further detention.
Alam submitted that the matter was urgent as Khan apprehended being detained again by the police ahead of protests scheduled to be held in the national capital. She told the court that Khan was not participating in the protests in any manner and had already booked tickets to travel to Kolkata.
The bench, however, questioned the urgency, observing that there was no written communication preventing Khan from travelling or stating that he would be placed under house arrest.
“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 of some call you are saying that we should pass some order. Sorry. We will hear you. Not today but Monday,” the bench observed.
Khan, the National Secretary of the Association for Protection of Civil Rights (APCR) and founder of United Against Hate, has approached the high court seeking a declaration that his alleged detention on September 29 was illegal and unconstitutional.
According to the petition, police personnel attached to Shaheen Bagh police station allegedly confined him at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave from around 9.30 am to 5.30 pm to prevent him from attending a protest at Jantar Mantar against repeated attacks on places of worship.
The petition claims that Khan was neither formally arrested nor informed of the grounds for his confinement. It further alleges that he was not produced before a magistrate.
Khan has also challenged an undated prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which restricts assemblies of five or more persons, demonstrations, speeches and slogan-raising without prior written permission in New Delhi district, including Jantar Mantar.
The petition seeks quashing of the order, compensation for the alleged violation of his fundamental rights and a time-bound inquiry by a senior police officer into his alleged confinement.