Delhi High Court: Nadeem Khan Challenges Alleged Detention And Police Ban On Jantar Mantar Protests

“We will hear you. Not today but, Monday,” the Delhi High Court said on Friday, as activist Nadeem Khan sought urgent hearing of his plea against his alleged detention and a Delhi Police order barring protests at Jantar Mantar. His allegations are untested and no response from the police has been reported.

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Delhi Police personnel beside the Delhi High Court building, with activist Nadeem Khan, who challenged his alleged detention and Jantar Mantar protest restrictions.

New Delhi: Mentioning his petition on Friday, October 9, human rights activist Nadeem Khan, National Secretary of the Association for Protection of Civil Rights (APCR) and founder of United Against Hate, asked the Delhi High Court to hear his challenge to what he describes as his illegal preventive detention, surveillance and harassment by Delhi Police, and to an undated prohibitory order that bars protests at Jantar Mantar and across the New Delhi district [Nadeem Khan Matter].

A Division Bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma declined urgent listing; no notice or interim relief has been reported.

The mention in Court

Advocate Shahrukh Alam mentioned the matter as urgent because it concerned personal liberty. It was submitted for the petitioner that he apprehends fresh detention ahead of protests in the capital the next day, after receiving an oral communication; that he is not participating in the protests in any manner and already has tickets booked to travel to Calcutta; that he had earlier been placed under house arrest; and that the planned protest was peaceful, with no apprehension of violence, breach of peace, obstruction or any offence.

The Court orally asked, “Who has stopped you from travelling?”, observed that there was “no written communication” barring travel or house arrest, and said, “We will hear you. Not today but, Monday.”

What the petition says about September 29

On September 29, 2026, according to the petition, Mr Khan was confined from about 9:30 AM to 5:30 PM at the Jamaat-e-Islami Hind headquarters in Abul Fazal Enclave by police officers allegedly attached to the Shaheen Bagh Police Station. The petition alleges that this was done to stop him from attending a peaceful protest at Jantar Mantar against attacks on places of worship and the exclusion of citizens through the Special Intensive Revision (SIR) of electoral rolls.

He further alleges that he was not formally arrested, was given no written grounds of detention, was not produced before a Magistrate, and that his relatives were not informed. These are the petitioner’s allegations; they have not been tested, and the police have not been reported as responding.

The prohibitory order and the permission history

The petition also challenges an undated order of the Delhi Police for the entire New Delhi district, including Jantar Mantar, which bars assemblies of five or more persons, demonstrations, dharnas, speeches, and banners or placards without “prior written permission”. Mr Khan argues that it violates Articles 19(1)(a) and 19(1)(b), along with Articles 14 and 21 of the Constitution.

He says he applied for permission to the Parliament Street Police Station on September 19 and received no response, that he later received an anonymous phone call saying permission was cancelled, and that he challenged the cancellation before the SHO without any reply.

Reliefs sought

Mr Khan seeks a declaration that his detention, continued surveillance and alleged harassment are illegal and unconstitutional; compensation for the alleged illegal detention; a time-bound inquiry into the officers’ conduct by an officer not below the rank of Joint Commissioner and not connected with the South-East or New Delhi districts; and quashing of the order to the extent that it prohibits peaceful assembly, protests, slogans, speeches, and banners or placards at Jantar Mantar.

Where matters stand

The Court has issued no direction and heard neither side on the merits. The Delhi Police’s position on the alleged detention and on the prohibitory order has not been reported, and LawChakra expresses no view on either side’s contentions. The matter is expected to be heard on Monday, October 12.

Case Details: Nadeem Khan matter (challenge to alleged preventive detention and Delhi Police prohibitory order for the New Delhi district) | Court: Delhi High Court | Bench: Acting Chief Justice Nitin Wasudeo Sambre, Justice Sanjay Sharma | Mentioned: October 9, 2026 | Next date: Monday (October 12, 2026 on the calendar) | Status: Urgent listing declined; no notice or interim relief reported. Case title and number not reported.

Appearances: Advocate Shahrukh Alam (mentioning); Advocates Chinmay Kanojia, Archit Krishna, Tamanna Pankaj and Priya Vats (counsel on record), for the petitioner.

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