The Delhi High Court has sought a response from Delhi Police on a civil rights activist’s petition alleging that he was confined at his residence-cum-office to prevent him from attending a peaceful protest at Jantar Mantar on September 29.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice on Mohammad Wasiq Nadeem Khan’s petition and asked the city police to submit a status report. The court also questioned the basis on which police personnel allegedly entered his premises and restricted his movement.
“How can you enter the house of this man? … Where is your cause to confine him?” the bench asked, according to the report. At the same time, the court acknowledged that the police have the authority to deny permission for protests.
Khan’s counsel told the court that two police personnel visited his residence-cum-office at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave on September 29. The counsel alleged that Khan’s movement was restricted from around 9.30 am to 5.30 pm, although he was not formally arrested and was not provided written grounds for the alleged confinement.
The petition alleges that Khan faced confinement, constant surveillance and repeated calls from police seeking information about his whereabouts. The allegations raise questions about the distinction between preventive police enquiries and a restriction on personal liberty, particularly when no formal arrest is recorded.
Delhi Police denied detaining Khan, stating that personnel had visited only to make enquiries after learning that he might attend the protest despite permission for the gathering having been denied. The police position, as reported, is that the visit did not amount to detention.
The court’s request for a status report means that the allegations remain contested and that no final finding has been made on whether Khan was illegally confined. The next stage will depend on the police response and the court’s consideration of the competing accounts regarding the September 29 incident.
