New Delhi: The Delhi High Court on Friday refused to grant an urgent hearing on a plea by civil rights activist Mohammad Wasiq Nadeem Khan, who has alleged that he was illegally detained by the police to prevent him from attending a peaceful protest at Jantar Mantar. A bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma stated that the matter would instead be taken up on October 12.
Khan's legal counsel informed the court that the petitioner feared renewed detention or house arrest ahead of demonstrations planned in the national capital. The lawyer noted that Khan was scheduled to board a flight to Kolkata on Friday and had received oral communications that triggered apprehensions of fresh police intervention, but the bench declined to take up the petition during the day.
During the mentioning, the counsel argued that the case required immediate attention as it directly concerned personal liberty. She maintained that Khan had no involvement in the protests and had already secured travel tickets to Kolkata, warning that the petition would be rendered infructuous if not heard immediately.
Rejecting the request for an immediate listing, the bench remarked that there was no formal or written communication barring Khan from traveling or placing him under house arrest. The judges noted that the court could not issue orders based merely on telephone calls, adding that the matter would be heard on Monday rather than Friday.
Khan, who serves as the national secretary of the Association of Protection of Civil Rights and founded the United Against Hate initiative, claims that officers from the Shaheen Bagh Police Station confined him at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave on September 29. According to his petition, the confinement lasted from approximately 9:30 am to 5:30 pm and was intended to stop him from joining a demonstration.
The September 29 protest at Jantar Mantar was organized by civil society groups, including the Association of Protection of Civil Rights and the Monitoring Committee of Indian Muslims, to protest against recurring attacks on places of worship. Alongside seeking a declaration that his September confinement was unconstitutional and demanding compensation, Khan has challenged a prohibitory order restricting public gatherings across the New Delhi district.
The petition contends that Khan was neither formally placed under arrest nor provided with written reasons for his confinement. It further asserts that authorities failed to prepare an arrest memo, notify his relatives, or present him before a magistrate. The activist also reported persistent police inquiries regarding his whereabouts ahead of subsequent demonstrations on October 2 and October 5, heightening his concerns over continued movement restrictions.
The challenged Delhi Police order prohibits assemblies of five or more individuals, processions, demonstrations, picketing, and the raising of slogans without prior written authorization. It also restricts specific items like banners and placards while threatening legal penalties for non-compliance. The petition argues that these measures impose overly broad limitations on freedom of expression and peaceful assembly without demonstrating an imminent threat to public order.
With the court scheduling the hearing for October 12, the legal challenge remains focused on the legality of Khan's initial confinement, his fears of subsequent detention, and his broader challenge against the New Delhi district prohibitory orders.