New Delhi: The Delhi high court on Wednesday (December 11) has provided protection from arrest to human rights activist Nadeem Khan in a case alleging promotion of enmity and criminal conspiracy.
Justice Jasmeet Singh directed that if the Delhi police requires Khan’s custody, they must provide a seven-day advance notice in writing, Bar and Bench reported.
The Delhi police gave the court an assurance that Khan would not be arrested, and that if custodial interrogation became necessary, they would provide him with prior notice.
Khan, national secretary of the Association for Protection of Civil Rights (APCR), is also restricted from leaving the Delhi-NCR region without the court’s permission.
As per the report, Khan had filed two petitions with the court, seeking to halt the investigation and have the FIR against him dismissed. The FIR alleged offences including promoting enmity, acts detrimental to public harmony, public mischief and criminal conspiracy.
The court has also quashed a non-bailable warrant issued against Khan, considering his cooperation with the investigation, the report added.
Earlier the high court had granted interim protection to Khan from arrest.
Also read | Hate, Speech and the Silencing of Muslims: Reflections on Adorno, Majaz, and India Today
During the hearing, Khan’s legal team, led by senior advocate Kapil Sibal, argued that the police investigation was a “roving inquiry” and should not be used to harass Khan. Further, Sibal objected to the police’s demand to check Khan’s phone.
The court acknowledged these concerns while emphasising the police’s right to investigate.
“They are entitled to investigate. They are investigating. Your right to liberty is protected, you are not being arrested,” Justice Singh was quoted as saying by Bar and Bench.
The Delhi police filed its FIR against Khan following allegations levelled by Hindutva supporters on social media.
This move was swiftly followed by a raid on the APCR’s Delhi office on November 29. The next day, the police attempted to detain Khan at his brother’s residence in Bengaluru.
Notably, the case stems from a video posted on social media, which the police claim portrays a particular community as victims and incites people.
Khan contends that the video addresses minority rights, hate speech and discrimination, and is protected under his right to free speech.
