The Delhi High Court on Friday declined to urgently list two petitions linked to protests against the Special Intensive Revision (SIR) exercise, including a plea challenging the denial of permission for an Indian Youth Congress demonstration at Jantar Mantar and another seeking protection for civil rights activist Nadeem Khan over apprehensions of detention and house arrest.
The petitions were filed by Indian Youth Congress (IYC) president Uday Bhanu Chib and Nadeem Khan, president of the Association for Protection of Civil Rights (APCR). Both matters were mentioned before Acting Chief Justice Nitin Wasudeo Sambre, who said they would be taken up on Monday.
The development came amid allegations of preventive detentions targeting people planning to participate in the October 10 protests against the SIR exercise and demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
Advocate Shahrukh Alam, appearing for Nadeem Khan, sought an urgent hearing, telling the court that his client had reportedly been informed by police that he could be detained on Friday and kept under house arrest until October 10.
Alam clarified that Khan was not planning to participate in the protest and said the petition sought protection against arbitrary police action. He also informed the court that Khan was scheduled to travel to Kolkata later that day for personal reasons and that the apprehension of detention was preventing him from travelling.
Questioning the urgency of the plea, Acting Chief Justice Sambre asked, “Who has stopped you from travelling today?”
Alam submitted that the police had issued no written order but had conveyed the information orally. The court declined to list the matter urgently, observing that there was no written communication restricting Khan’s movement or placing him under house arrest.
“Based on a call, you’re saying we should pass an order. We will take it up on Monday,” the Acting Chief Justice said.
Alam argued that similar incidents had occurred previously and that postponing the hearing until Monday could render the petition infructuous. The court nevertheless declined the request for an urgent hearing.
In his petition, Khan referred to several incidents in which he alleged that police had attempted to prevent him from attending peaceful protests against the SIR exercise.
According to the plea, officers from Shaheen Bagh police station confined him at the Jamaat-e-Islami Hind office in Abul Fazal Enclave on September 29, from around 9.30 am until approximately 5.30 pm, after the protest that day had concluded.
The petition stated that Khan was neither formally arrested nor informed of the grounds for his confinement. It also alleged that he was not served any notice, produced before a magistrate or given the names of the officers involved.
The plea further stated that the Association for Protection of Civil Rights had publicly maintained that the confinement was intended to prevent Khan from participating in the protest.
Khan also referred to an incident on October 2, when Shaheen Bagh police allegedly contacted him while he was on his way to attend to his sick mother. According to the petition, the calls and surveillance raised concerns about possible police interference with his movements.
The plea also cited a phone call allegedly received from Inspector Ganesh of Shaheen Bagh police station on October 5, when another protest against the SIR exercise was being planned at Jantar Mantar.
Khan has asked the High Court to declare his alleged confinement on September 29 illegal and in violation of his fundamental rights. He has also sought a time-bound inquiry by an officer not below the rank of Joint Commissioner of Police, who is not connected with the Southeast or New Delhi districts.
The second petition was filed by Indian Youth Congress president Uday Bhanu Chib, challenging the Delhi Police’s refusal to grant permission for a peaceful demonstration at Jantar Mantar.
Senior advocate Sanjoy Ghose, representing Chib, requested an urgent hearing. The court declined the request and said the matter would be listed on Monday.
The petition stated that the IYC had applied on September 25 for permission to hold a peaceful protest at Jantar Mantar between October 1 and October 25, from 10 am to noon, with an expected participation of approximately 100–150 people.
However, on October 1, the Deputy Commissioner of Police (New Delhi) rejected the application, citing law-and-order concerns in the New Delhi district and traffic-related considerations.
According to the petition, the police also relied on guidelines governing demonstrations at Jantar Mantar and the Central Vista area, which they said did not permit an organiser to hold a demonstration for more than one continuous day.
The police communication further referred to intelligence inputs concerning calls by various organisations for mass gatherings and protests in the New Delhi district.
The IYC has challenged the refusal, seeking permission to hold its proposed demonstration.
The two petitions come amid mounting opposition to the Special Intensive Revision of electoral rolls and calls for demonstrations demanding the resignation of Chief Election Commissioner Gyanesh Kumar.
The legal challenges raise questions about the restrictions imposed on peaceful protests and the use of preventive police action against people suspected of participating in demonstrations.
While the Delhi High Court declined to grant either petition an urgent hearing on Friday, both matters are scheduled to be taken up on Monday.
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