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Delhi High Court Upholds Freedom of Movement for Activist Amidst Detention Allegations

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Delhi High Court Upholds Freedom of Movement for Activist Amidst Detention Allegations

Court accepts Delhi Police's statement denying detention, grants conditional freedom to Dr. Raj Shekhawat with respect to protest participation.


In a recent judgment, the Delhi High Court addressed allegations of illegal detention involving Dr. Raj Shekhawat, the president of the Kshatriya Karni Sena/Akhand Karni Party. The court, presided over by Justices Prathiba M. Singh and Vikas Mahajan, reviewed the habeas corpus petition filed by Dr. Shekhawat, which asserted that he was being unlawfully confined in a private residence in New Delhi.


Dr. Shekhawat's legal counsel, Mr. Lokesh Bhardwaj, argued that the petitioner had been detained at a friend's residence in Neb Sarai, New Delhi, despite not being under arrest. The petitioner has been actively leading a national awareness campaign concerning the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026. The counsel further informed the court that they were able to meet Dr. Shekhawat at the given address, which facilitated the filing of the petition.


The Delhi Police, represented by Mr. Hitesh Wali and Mr. Abhinav Kumar, countered these allegations by confirming that Dr. Shekhawat had not been formally arrested. They expressed concerns, however, that Dr. Shekhawat might partake in a protest at Jantar Mantar, a common venue for demonstrations in the capital.


The court, acknowledging the statement from the Delhi Police, concluded that there was no immediate requirement for urgent relief. The bench granted Dr. Shekhawat the freedom to move, provided that any participation in protests adheres strictly to the legal frameworks governing public demonstrations.


The court's decision underscores the balance between individual freedom and the maintenance of public order, especially in a city that frequently witnesses high-profile protests. The case is scheduled for further hearing on September 1, 2026, before the Roster Bench.


Statutory provision(s):

Constitution of India, 1950 Article 226


Dr. Raj Shekhawat v. Government of NCT of Delhi, (Delhi)(DB) : Law Finder Doc id # 2967112

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