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2026 DAILYLAW 17040 (DEL)

DR RAJ SHEKHAWAT v. GOVERNMENT OF NCT OF DELHI AND ANR

W.P.(CRL)/2617/2026 · 2026-09-01

Navin Chawla, Ravinder Dudeja

Writ Petition (Criminal)body2026

Judgment text

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$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010404052026 + W.P.(CRL) 2617/2026 DR RAJ SHEKHAWAT .....Petitioner Through: Mr.Himanshu Sharma, Mr.Roshan Dhanai, Mr.Abhishek Tyagi and Mr.Saurav Kumar, Advs. versus GOVERNMENT OF NCT OF DELHI AND ANR .....Respondents Through: Mr.Sanjay Lao, Sr. Adv. with Mr.Aman Usman, APP and Mr.Abhinav Kr. Arya and Mr.Aryan Sachdeva, Advs. with SI Ashutosh Mishra and Insp. Amit, PS Mehrauli CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 01.09.2026 CRL.M.A. 26528/2026 1. As this application has already been disposed of vide the order dated 25.08.2026, the same need not be shown in the cause-list any further. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:49:34 W.P.(CRL) 2617/2026 & CRL.M.A. 26527/2026 2. The present petition has been filed under Article 226 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that the petitioner has been confined at his friend’s residence at B-57, Gate No.3, Freedom Fighter Enclave, IGNOU Road, Neb Sarai, Near Saket Metro Station, New Delhi- 110068, without any lawful authority. 3. The petition was first listed before this Court on 25.08.2026, when the learned counsel for the respondents stated that the petitioner had not been detained or arrested in any case. The respondents, however, also stated that there is an apprehension that the petitioner may proceed towards Jantar Mantar for a protest. 4. The learned counsel for the petitioner submits that the petitioner cannot be restrained from holding a protest at Jantar Mantar or at any other place. 5. We are afraid that the above submission of the learned counsel for the petitioner is beyond the scope of the jurisdiction of this Court in a Writ of Habeas Corpus. In case there is any lawful order restraining the petitioner from holding a protest at Jantar Mantar, the remedy available to the petitioner would be to challenge such order in appropriate proceedings. In the absence of any such order, if the petitioner is nevertheless restrained from holding a protest, the petitioner would be entitled to avail of the appropriate remedies to challenge such restraint. These are matters which cannot be decided in a vacuum in the present proceedings 6. Accordingly, the present petition is disposed of as having been This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:49:34 satisfied on the submission of the respondents that the petitioner is under no restraint or detention and is free to move around. The pending application is also disposed of. NAVIN CHAWLA, J RAVINDER DUDEJA, J SEPTEMBER 1, 2026/ns/Yg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2026 at 10:49:34