Delhi HC Seeks Police Report On Activist’s Mohammad Wasiq Nadeem Khan’s Alleged Illegal Detention Ahead Of Jantar Mantar Protest

New Delhi: The Delhi High Court on Monday asked the city police to file a status report in relation to civil rights activist Mohammad Wasiq Nadeem Khan's allegation that he was recently illegally detained to stop him from attending a peaceful protest at Jantar Mantar.

A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice on Khan's petition, which also alleged constant surveillance and phone calls from police, and questioned the police's counsel on the conduct of the police personnel.

Although the bench acknowledged that the police have the right to deny permission for holding a protest, it orally questioned during the hearing, "How can you enter the house of this man? You have your right to conduct your duty (but) how can you do it in such a way? Where is your cause to confine him?"

The petitioner's counsel claimed that on September 29, two police personnel visited his residence-cum-office and restrained his movement throughout the day.

The counsel alleged that he has been under constant surveillance and urged the court to declare that such conduct amounted to "harassment and arbitrary behaviour".

The petitioner's lawyer said the Supreme Court recently passed directions on ensuring free movement of people.

The police's counsel submitted that the petitioner was not detained in any manner, saying he even travelled to Kolkata last week and sought time from the court to bring their stand on record.

The police's lawyer also assured that the petitioner would not receive further phone calls.

The court was informed that the petitioner had earlier sought permission to hold a protest at Jantar Mantar on September 29, which was denied. The police's lawyer contended that certain personnel visited him only for a "query" based on information that he was going to participate in the agitation despite the denial.

Khan, who is the national secretary of the Association of Protection of Civil Rights (APCR) and the founder of United Against Hate initiative, moved the high court last week, alleging that he was confined at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave by police officials attached to Shaheen Bagh Police Station on September 29 from around 9:30 am to 5:30 pm, to prevent him from participating in a protest.

APCR, Monitoring Committee of Indian Muslims and other civil society groups had called for a peaceful protest at Jantar Mantar on September 29 against alleged repeated attacks on places of worship.

The petitioner alleged that he was neither formally arrested nor provided with written grounds for his confinement. He also claimed that no arrest memo was prepared, no relative was informed and that he was not produced before a magistrate.

Khan further alleged that police personnel continued to contact him regarding his whereabouts in connection with subsequent protests on October 2 and October 5, creating apprehensions of further restrictions on his movement.

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