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The Delhi High Court on Monday sought a status report from the Delhi Police on a plea filed by activist Mohammad Wasiq Nadeem Khan, who has alleged that police personnel restricted his movement at his office premises on September 29, ahead of a proposed protest at Jantar Mantar.
During the hearing, advocate Shahrukh Alam, appearing for Khan, submitted that police personnel had remained at the premises from around 9:30 am to 5:30 pm and that no written order or notice was shown to him. Alam also referred to a photograph showing police personnel at the premises. The court sought clarification from the police on the circumstances in which Khans movement was allegedly restricted and questioned the legal basis for the action. You had your right to conduct your duty; how can you do it in such a way? Where is your cause to confine him? the bench asked, while observing that although the police could refuse permission for a protest, the legal basis for restricting an individuals movement would have to be explained. Alam further submitted that Khan had received a telephone call from the police on October 2 when he was leaving to visit his unwell mother. She alleged that the incident and subsequent calls had caused him apprehension about further police action. When the court asked whether Khan had been detained at the Jamaat-e-Islami Hind premises, Alam submitted that the location was a compound where his office was situated and that he worked with the Association for Protection of Civil Rights (APCR). Opposing the allegations, the Delhi Police counsel submitted that permission for the proposed protest at Jantar Mantar had been denied and that the police had received information that Khan might nevertheless proceed to the site. The counsel said police personnel had been sitting with him at the reception and maintained that he had not been detained, describing the action as a restriction on his movement. The police also denied having visited him subsequently. The bench questioned why the police had not filed a status report despite receiving an advance copy of the petition on Saturday. The court issued notice and directed the police to place their stand on record. Additional Solicitor General Chetan Sharma urged the court not to issue notice, submitting that it could be interpreted in a manner that might affect the separate challenge to the prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court, however, proceeded to issue notice, noting that the police had been served in advance but were not ready with a status report. It also recorded the statement of the Station House Officer (SHO) that the police would not call Khan. In his petition, Khan has challenged an order imposing restrictions on assemblies and protests in the New Delhi district, alleging that the restrictions infringe upon fundamental rights. He has also sought a declaration that the alleged restriction of his movement on September 29 was unlawful, along with an inquiry into the incident and appropriate action if any police personnel are found to have acted unlawfully. (ANI)
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