The Delhi high court on Monday questioned activist Nadeem Khan’s detention to prevent him from joining protests against alleged irregularities in the Special Intensive Review (SIR) of the electoral roll, asking the Delhi Police how they could enter his house. It sought the police’s response to Khan’s petition to declare his detention in Abul Fazal Enclave illegal and without authority of law. The court asked for a status report.
“You have a right to conduct duty, but how can you [do this] in such a way? Where is your cause to confine him? Denying permission is your right? Show us where in the law?” a bench of acting Chief Justice Nitin Sambre and Justice Sanjay Sharma asked Delhi Police’s lawyer as it heard Khan’s petition. She added that Khan has since been under surveillance and subjected to constant harassment. It directed that Metro and railway services in Delhi operate normally, internet connectivity remain undisturbed, and free movement of people be restored. The court ordered authorities to remove a notice imposing prohibitory restrictions around the Supreme Court and other court complexes to ensure unhindered access to justice.
Khan said police came to his house and office located in the same compound without a notice or order and detained him on September 29. His lawyer, Shahrukh Alam, said police stayed there throughout the day until 5:30pm. Alam said police called Khan on October 2. The Delhi Police’s lawyer said Khan sought permission to protest at Jantar Mantar and it was denied, but there was no detention since the police left at 5:30pm. It issued the directions after an urgent hearing on petitions alleging mass detentions, restrictions on movement, suspension of internet services, and non-compliance with the court’s October 9 order on transport curbs.
Alam said Khan could not participate in the protest due to his detention.
She said her client was not involved in the protest and was on his way to attend to his sick mother. Alam said that the local police station called Khan to check his whereabouts. The Supreme Court on Sunday ordered that peaceful and unarmed protesters cannot be detained except in accordance with the “procedure established by law”.
She referred to the Supreme Court’s directions issued at a special sitting on Sunday.
