'Nation's Harmony Not So Fragile': Delhi HC Grants Interim Protection To Human Rights Activist Nadeem Khan Booked For 'Promoting Enmity'

The Delhi High Court on Tuesday granted interim protection from arrest to human rights activist Nadeem Khan who has been booked by the Delhi Police on the charges of promoting enmity and criminal conspiracy after a video went viral on social media.

Justice Jasmeet Singh ordered that Khan, who is the National Secretary of Association for the Protection of Civil Rights (APCR) organization, will not be arrested till Friday.

However, the Court directed Khan to join the investigation tomorrow and to cooperate in the probe. He is also directed not to leave the national capital without permission of the Investigating Officer.

Justice Singh issued notice on the petitions filed by Khan and APCR. Khan has sought quashing of the Delhi Police FIR which states that a sub-inspector, while on patrol duty, was informed by secret sources that a video was uploaded on the social media that was causing “great anger among local people and could lead to violence.”

As per the FIR, it was found that the video titled “Records of Hindustan in Modi Sarkar” was posted on YouTube on November 21 by “Akram official 50” channel.

The FIR states that the video showed a person who had set up a stall at an exhibition and was gesturing towards a banner. He was allegedly talking about “Nadeem, Akhlaq, Rohit Vemula, Pehlu Khan” and referred to the 2020 Shaheen Bagh protests, Delhi riots, thereby portraying a particular community as victims and inciting people.

The Police has said that the stall was set up by APCR and that the person speaking in the video was Khan.

During the hearing today, Senior Advocate Kapil Sibal appeared for Khan and submitted that the FIR does not disclose any cognizable offence. He said that a perusal of the FIR would show that the complainant had already come to a finding that the exhibition was causing violence, promoting enmity in public and violence. Sibal submitted that the FIR and its allegations are merely conjectures on behalf of the complainant and the same was without any foundational facts.

On the other hand, the Delhi Police submitted that there was sufficient material on record to show that cognizable offence was made out in the matter which will be placed on record, along with the material collected so far in the investigation, on the next date of hearing. The Delhi Police counsel said that there was sufficient material to demonstrate that Khan was inciting violence.

Ordering interim protection from arrest to Khan, the Court directed:

“In the present FIR, the material which has formed the basis of the opinion of the complainant has not been placed before me and will be placed along with the reply proposed to be filed by the respondent along with the material collected up to date. For the said reasons and till the next date of hearing, the petitioner shall not be arrested in the FIR.”

The Delhi Police counsel told Court that Khan had called various people including lawyers when the officials had gone to arrest him. On this, Justice Singh orally remarked:

“That can't be a reason to arrest him. Anybody who's getting arrested calls people no? Where is the question…how do you go to Bangalore? You say, you go in police uniform in Bangalore to arrest him. How do you do that?”

As the Delhi Police submitted that Khan was trying to destroy the peace of the country which could be demonstrated from the video, the Court remarked:

“Please understand, we are in a democratic country. The harmony of our nation is not so fragile. It is not so fragile that merely one exhibition, merely someone shouting, it cannot be. Consider people as intelligent…You repose very little faith in the common man. Common man is intelligent. Common man isn't so fragile that merely one exhibition will…”

On this, the Delhi Police alleged that Khan was going to different parts of the country, crowds were being gathered and various material was being circulated there and that he was trying to raise a war inside the country.

To this, the Court remarked: “We are living in a democratic country. The country places great pride in our fundamental rights. Article 19(1)(a) is to be protected. If you think that a common man will get incited by this, the common man doesn't have the IQ to understand what is right for them… we are intelligent people. Please have some faith in the common man.”

The matter will now be heard on Friday.

Senior Advocate Kapil Sibal with Advocates Tara Narula, Tamanna Pankaj, Shivangi Sharma, Ahmed Ibrahim and Rupali Samuel appeared for Khan.

Delhi Police was represented by standing counsel (Crl) Sanjay Lao.

Title: Nadeem Khan v. State and other connected matter