The Delhi High Court on Monday questioned the Delhi Police over allegations that activist Nadeem Khan was confined to his house and prevented from participating in a protest at Jantar Mantar on September 29.

Appearing for the Delhi Police, its counsel submitted that permission to hold the protest had been denied to Khan, but the authorities had received information that he would still attend the demonstration.

Referring to photographs showing police personnel sitting with Khan at the reception, the counsel argued that he had not been detained but that his movement had only been restricted.

“Please look at the picture, we are sitting at the reception. My lords can see we are sitting with him. There was no detention. It was only to restrict his movement. We have not been visiting him thereafter,” the police counsel submitted.

However, a Division Bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma questioned the legal basis for the police entering Khan's premises and restricting his movement.

“How can you enter the house of this man? You had your right to conduct the duty, how can you do it in such a way? Where are your cause to confine him? Denying permission is within your rights. Please show us in law where is your...” the Court remarked.

The Bench subsequently issued notice to the Delhi Police and sought a status report within two weeks. It also recorded the police's statement that Khan would not be disturbed through telephone calls.

Earlier, Advocate Shahrukh Alam, appearing for Khan, submitted that the activist had been facing continued harassment and surveillance by the police.

Referring to an incident on October 2, Alam told the Court that Khan had been questioned about his movements while leaving to visit his unwell mother.

“On October 2, my mother was unwell, I was leaving to meet her. 7:30 in the morning, they called me asking where I was going. I wasn't stopped but there has been continued surveillance... I haven't even been participating because I am either intimidated or detained,” she submitted.

Khan, the National Secretary of the Association for Protection of Civil Rights (APCR) and founder of United Against Hate, has approached the High Court challenging his alleged confinement by the Delhi Police for around eight hours on September 29, which he claims was intended to prevent him from attending a peaceful protest at Jantar Mantar.

He has also sought compensation for the alleged violation of his fundamental rights and an independent inquiry into the conduct of the police personnel involved.

According to the petition, a team of police personnel from Shaheen Bagh police station arrived at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave at around 9:30 AM on September 29 and allegedly prevented Khan from leaving until approximately 5:30 PM.

The protest was scheduled for 3 PM at Jantar Mantar against alleged attacks on places of worship.

Khan has contended that the police neither formally arrested him nor informed him of the grounds for restricting his movement. He has further alleged that the police did not issue any written order or comply with the statutory safeguards governing arrest and detention.

The petition also alleges continued police surveillance and harassment, referring to telephone calls from police personnel on October 2 and October 5 in connection with subsequent protest calls.

Khan has additionally challenged an undated prohibitory order issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which prohibits protests in the New Delhi area. However, his counsel informed the Bench that they were not pressing this prayer at the present stage.