Delhi HC refused urgent hearing to activist against detention: A practical reader guide

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New Delhi, The Delhi High Court on Friday refused to grant urgent hearing on a plea by civil rights activist Mohammad Wasiq Nadeem Khan alleging that he was illegally detained by police to prevent him from attending a peaceful protest at Jantar Mantar.

His counsel mentioned the plea urging the court to list it for hearing during the day, saying there was an apprehension that Khan could again be detained and put under house arrest while he has to catch a flight Friday for travelling to Kolkata. 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 he was not produced before a magistrate. It also restricts carrying of specified articles, including banners and placards, and warns of legal action for violations.

A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma refused to list it for hearing during the day and said it would be heard on October 12. Khan, who is the national secretary of Association of Protection of Civil Rights and the founder of United Against Hate initiative, has alleged 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 the protest. 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.

The counsel said the matter is emergent involving aspect of personal liberty and that Khan is apprehending detention by Delhi Police again ahead of the protests to be held in the national capital Saturday, as he received an oral communication. Challenging Delhi Police’s prohibitory order, the petitioner said it prohibits assemblies of five or more persons, processions, demonstrations, picketing, dharnas, raising slogans and making speeches without prior written permission.