'How can you enter the house': Delhi HC bars police from calling activist Nadeem Khan

The Delhi High Court on Monday questioned Delhi Police on why they entered the house of Association for Protection of Civil Rights (APCR) National Secretary and founder of United Against Hate, Nadeem Khan. The court was listening to a plea which alleges the activist was illegally confined on September 29 at his residence, without showing an order for his detention or confinement. Khan was allegedly going to participate in a protest against attacks on places of worship and the exclusion of citizens through the Special Intensive Revision (SIR) of electoral rolls.

Police counsel argued that Khan was not detained; rather, the cops had only gone to inquire. However, Khan's counsel Shahrukh Alam opposed the submission and referred to pictures showing that Khan was detained on September 29; police officers were present within his house and office located in the same compound till 5:30 pm in the evening. She also added that there has been repeated surveillance since that day.

Alam was relying on the SC's October 11 order which directed that there shall be no "illegal detention, particularly in cases of peaceful unarmed assemblage of people beyond the area where BNSS Section 163 is in operation, and that lawyers, journalists and other professionals shall not be hindered in discharge of their professional duties in any manner”.

Police counsel also argued that Khan was going to protest on September 29, for which permission was denied. They claimed that the police station had “inputs” that he was going to proceed with the protest. So his movement was restricted.

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A division bench comprising acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma asked the counsel for the police if they had filed a formal written response or status report in this regard. It answered in the negative, “Where is your response, when (the petition) was served (to you) in advance? To buy time from the court? 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? Where is your cause for confinement? Denying permission (to protest) is within your right… in law, show us (how can you confine).”

The court has issued notice to the police to file a status report within two weeks. Khan's counsel also asked the court to direct the Shaheen Bagh police station to stop surveilling him and calling him 2-3 times every day.

"Today I am only pressing the prayer for a declaration that this is harassment," she said.
The court directed in its order to the Shaheen Bagh police station that no phone calls will be made to Khan.

"As on today there is no restriction on movement of petitioner, and it is urged that there is no violation of SC order. Issue notice to respondent. And status report be filed within two weeks," the court noted.

Nadeem Khan has been working against communal hate in India. His organisation, Association for Protection of Civil Rights (APCR)involved in documenting civil rights issues, including reports on the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA) in Assam. The United Against Hate (UAH) is a grassroots movement which is involved in fact-finding, documentation and providing legal aid against communal violence, hate crimes, mob lynchings, and cow vigilantism.