The Delhi High Court has declined to hear urgently a petition alleging that police detained rights activist Mohammad Wasiq Nadeem Khan to prevent him from attending a peaceful protest, with the matter scheduled for October 12.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma heard Khan’s counsel, who sought listing of the plea during the day. The lawyer told the court that Khan feared he could again be detained or placed under house arrest before a proposed protest and had to travel to Kolkata on a flight booked for Friday.
The plea seeks protection against what Khan describes as arbitrary detention by Delhi Police. His counsel said the matter involved personal liberty and required urgent consideration because a delay could make the petition infructuous. She also told the court that Khan had received an oral communication indicating that he could face detention again.
The bench declined to pass an immediate order, pointing to the absence of written communication from the police. “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 court said, according to the report.
Khan has alleged that he was confined at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave by personnel attached to Shaheen Bagh police station on September 29. According to the plea, the alleged confinement lasted from around 9.30am to 5.30pm and was intended to prevent him from participating in a protest at Jantar Mantar against repeated attacks on places of worship.
The activist has also challenged a prohibitory order restricting public gatherings in Delhi’s New Delhi district. His counsel told the court that Khan was not participating in the protest and had already booked tickets to travel to Kolkata. The plea further alleges that he had previously been placed under house arrest.
Khan is the national secretary of the Association of Protection of Civil Rights and the founder of the United Against Hate initiative. The reported allegations concern the use of police action to restrict an individual’s movement before a public gathering, while the court’s immediate response focused on the lack of a written detention or travel restriction order.
The case places the question of documentation at the centre of the urgent hearing request. The court did not issue the protection sought on the day of mention, and the available report does not indicate that it made a finding on whether Khan had been illegally detained. The allegations remain part of the petition before the court.
The Delhi High Court is scheduled to take up the matter on October 12, when Khan’s challenge to the alleged detention and the prohibitory order is expected to be considered.
