The Delhi High Court on Tuesday provided interim protection from arrest to human rights activist Nadeem Khan, booked by the Delhi Police for promoting enmity and criminal conspiracy.
Justice Jasmeet Singh ruled that Khan, the National Secretary of the Association for the Protection of Civil Rights (APCR), cannot be arrested until Friday. However, Khan has been directed to cooperate with the investigation, join it on Wednesday, and refrain from leaving Delhi without the Investigating Officer’s permission.
The FIR alleges that a video titled “Records of Hindustan in Modi Sarkar”, posted on YouTube by the “Akram official 50” channel, showcased a stall at an exhibition purportedly organized by APCR. The person in the video, allegedly Khan, referred to incidents involving individuals like Nadeem, Akhlaq, Rohit Vemula, and Pehlu Khan, as well as the Shaheen Bagh protests and Delhi riots, portraying a particular community as victims.
The police claim this portrayal could incite violence, accusing Khan of promoting enmity and disrupting public peace.
Senior Advocate Kapil Sibal, representing Khan, argued that the FIR was based on conjecture without foundational evidence of violence or enmity. Sibal maintained that the allegations lacked grounds to qualify as a cognizable offense.
Delhi Police countered, stating that sufficient material demonstrated Khan’s intent to incite violence. However, the Court criticized the lack of presented evidence, highlighting the democratic framework of India and citizens’ resilience:
“The harmony of our nation is not so fragile… Consider people as intelligent. Common man isn’t so fragile that merely one exhibition will incite them.”
The Court also dismissed the police’s claim that Khan’s calls to lawyers during arrest attempts indicated wrongdoing, asserting that it is a common response.
The Court has ordered the police to present all collected material and evidence during the next hearing, scheduled for Friday. Meanwhile, Khan remains under interim protection, with restrictions to ensure his cooperation in the investigation.
Kapil Sibal, alongside advocates Tara Narula, Tamanna Pankaj, Shivangi Sharma, Ahmed Ibrahim, and Rupali Samuel, appeared for Khan. Standing Counsel Sanjay Lao represented the Delhi Police.
The case underscores the balance between safeguarding fundamental rights under Article 19(1)(a) and addressing concerns over public order in a democratic framework.
