Delhi High Court Orders Police Response on Activist’s Confinement

The Delhi High Court directed the Delhi Police on 9 October 2023 to respond to allegations made by civil rights activist Mohammad Wasiq Nadeem Khan regarding his illegal confinement. Khan, the national secretary of the Association for Protection of Civil Rights (APCR) and founder of the United Against Hate initiative, claimed that police 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 about the conduct of law enforcement personnel involved. The judges questioned the legal justification for entering Khan’s residence and restricting his movement. While acknowledging that authorities can refuse permission for public protests, the court sought clarity on the police’s actions.

Representing the Delhi Police, counsel denied that Khan had been detained, stating that he had traveled to Kolkata the previous week. The police counsel informed the court that officers had only visited Khan’s premises to inquire about his intentions to attend a protest, which had not received official clearance. They requested additional time to formally present the department’s position and assured the court that Khan would not receive further inquiries from police officials.

Khan’s petition detailed an incident on 29 September 2023, when he alleged that police 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. He argued that his freedom was curtailed without an official arrest, written grounds, an arrest memo, or notification to family members. His counsel urged the court to declare the police actions as arbitrary and harassing, referencing recent Supreme Court rulings that protect citizens’ rights to free movement.

The petition also noted that police continued to monitor Khan’s movements through calls related to upcoming rallies planned for 2 October and 5 October 2023. The September 29 demonstration at Jantar Mantar had been organized by the APCR and other civil society groups to protest against reported attacks on places of worship, although police had refused permission for the gathering.

The court’s instructions to the Delhi Police require a formal response regarding the alleged infringement of Khan’s civil rights, reinforcing the need for law enforcement agencies to operate within legal boundaries when dealing with public protests and individual freedoms. Further developments in this case will depend on the police’s forthcoming response.