Delhi High Court rebukes police over confinement of activist Nadeem Khan
The Delhi Police faced the Delhi High Court’s sharp admonishment on Monday over their apparently indiscreet action against activist Nadeem Khan, who was allegedly confined illegally and without authorisation amid apprehensions that he would participate in protests against the Special Intensive Revision (SIR) exercise.
A Bench comprising Acting Chief Justice Nitin Sambre and Justice Sanjay Sharma expressed serious concern over the conduct of the Shaheen Bagh police, questioning their authority to enter Khan’s residence and restrict his movements without a lawful justification, The Indian Express reported.
“How can you enter the house of this man? You’ve your right to conduct duties, how can you do it in such a way?” the Bench orally remarked, while seeking an explanation from the police for their actions.
Khan, president of the Association for Protection of Civil Rights (APCR), h;d approached the High Court for urgent relief after the police allegedly informed him on October 8 that he was likely to be detained the following day and kept under house arrest until October 10.
The activist had earlier been confined to his residence and office, situated within the same compound, on September 29, without being furnished with any formal order authorising the restriction.
Appearing for Khan, advocate Shahrukh Alam submitted that police personnel had arrived at the premises at 9.30 am on September 29 and remained there until 5.30 pm, during which they requested lunch and tea but failed to produce any order justifying his confinement.
He further alleged that Khan had remained under repeated surveillance, citing an incident on October 2 when police contacted him early in the morning to enquire about his whereabouts as he was leaving to visit his ailing mother.
Alam also invoked an October 11 Supreme Court order directing that peaceful, unarmed assemblies should not be subjected to illegal detention beyond areas where Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was in operation, while protecting professionals from interference in their duties.
The police, however, maintained that Khan had intended to participate in a protest on September 29 despite permission being denied, and that intelligence inputs had prompted them to restrict his movements.
The Bench questioned the absence of a written response or status report, asking whether the police were merely seeking to buy time. It stressed that although denying permission for a protest might fall within police powers, confinement required a demonstrable legal basis.
The High Court issued notice to the police and directed them to submit a status report within two weeks.