Will Cooperate And Continue To Participate In Delhi Police's Investigation: Activist Nadeem Khan To High Court

Human rights activist Nadeem Khan on Wednesday told the Delhi High Court that he will cooperate and continue to participate in Delhi Police's investigation against him in the case alleging that he promoted enmity and hatred.

Senior Advocate Kapil Sibal appearing for Khan submitted before Justice Jasmeet Singh that the investigation was ongoing and that the activist is participating in the same.

Khan has been booked on the charges of promoting enmity and criminal conspiracy after a video went viral on social media.

Sibal said that the Delhi Police shall ensure that Khan is not harassed under the garb of investigation.

On the other hand, the Delhi Police submitted that Khan will not be arrested during the pendency of investigation. It further said that in case there is any requirement of Khan's custodial interrogation, the Police shall give notice of 7 days in writing to Khan.

The court disposed of the pleas filed by Khan and Protection of Civil Rights (APCR) seeking quashing of the FIR registered against the former on November 30. Khan is the National Secretary of the organisation.

While keeping the matter pending only for the purpose of compliance and filing of status report by the Delhi Police indicating the progress of investigation, the Court asked Khan not to leave the national capital without permission.

However, the Court clarified that it has not adjudicated upon the controversy raised in the matter and that the rights and contentions of the parties are left open.

During the hearing, Sibal said that even if all the contentions of the Delhi Police are accepted, even then no offence is made out to register FIR against Khan.

On this, the Court said that the said aspect has not been adjudicated and is left open as and when the probe is complete.

The Court also quashed the non bailable warrants issued against Khan and disposed of the plea challenging the trial court order issuing the same.

“The purpose of (NBWs) was to ensure participation of the petitioner before the judicial process. Since the petitioner is already appearing before the IO and undertakes to appear as and when called, the NBWs issued against him are quashed,” the Court ordered.

Recently, Khan was granted interim protection from arrest by the Court.

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

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

While opposing the pleas, the Delhi Police had said that Khan, through “targeted dissemination of selective and misleading information”, has sought to create a narrative portraying members of a “particular community” as victims of “systematic oppression” by the incumbent government.

The FIR 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.

Title: MOHAMMAD WASIQ NADEEM KHAN v. STATE OF NCT OF DELHI & ANR.