Delhi HC Refuses Urgent Hearing on Nadeem Khan's Illegal Detention Plea
The Delhi High Court declined an urgent hearing for activist Nadeem Khan, who alleges illegal detention by Delhi Police to block his protest attendance.
The Delhi High Court on Friday declined to grant an immediate hearing to human rights activist Nadeem Khan, who has filed a petition alleging he was illegally detained by the Delhi Police. Khan’s legal team sought urgent intervention, claiming the detention was a tactic to stop him from participating in a peaceful protest at Jantar Mantar on September 29.
Court Questions Urgency of the Plea
A division bench, consisting of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma, reviewed the mention of the petition. Advocate Shahrukh Alam, representing Khan, argued that the matter required instant attention due to concerns over personal liberty and the fear that the activist might face further detention during upcoming protests in the national capital.
Alam further contended that Khan was not actively participating in the protests and had even booked travel tickets to Kolkata, suggesting he was not a threat to public order. However, the bench expressed skepticism regarding the immediate necessity of an emergency hearing.
The judges questioned the basis of the urgency, noting the lack of formal documentation. “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,” the bench remarked. The court concluded that while the matter would be heard, it would not be today, scheduling the hearing for Monday instead.
Allegations of Unconstitutional Confinement
Nadeem Khan, the National Secretary of the Association for Protection of Civil Rights (APCR) and founder of United Against Hate, has approached the court seeking a formal declaration that his treatment by the police was both illegal and unconstitutional.
The petition outlines a series of serious allegations against the Shaheen Bagh police station personnel:
- Unlawful Confinement: Khan alleges he was held at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave from approximately 9:30 am to 5:30 pm on September 29.
- Purpose of Detention: The petition claims the confinement was specifically designed to prevent him from attending a Jantar Mantar protest regarding attacks on places of worship.
- Lack of Due Process: The activist maintains that he was never formally arrested, never informed of the specific grounds for his confinement, and was not produced before a magistrate.
Challenge to Prohibitory Orders
Beyond the personal allegations of detention, Khan is also challenging an undated prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This order restricts assemblies of five or more people, demonstrations, and even the raising of slogans in the New Delhi district, including the Jantar Mantar area, without prior written permission.
Through his petition, Khan is seeking several remedies, including:
- The quashing of the Section 163 prohibitory order.
- Financial compensation for the alleged violation of his fundamental rights.
- A time-bound inquiry conducted by a senior police officer into the circumstances of his alleged confinement.