Interim protection from arrest granted to Nadeem Khan

NEW DELHI: The Delhi High Court granted interim protection from arrest on Tuesday to Mohammad Wasiq Nadeem Khan, the National Secretary of the Association for Protection of Civil Rights (ACPR). Khan had been booked by the Delhi Police for promoting enmity and criminal conspiracy after a video featuring him went viral on YouTube.

Justice Jasmeet Singh, while providing temporary relief to Khan, ordered that he should not leave Delhi without informing the Investigating Officer. Khan was also directed to cooperate with the police investigation.

The Court was hearing two petitions filed by Khan and ACPR. The first sought a stay on the investigation, while the second called for the quashing of the First Information Report (FIR) lodged against him. The FIR accused Khan of promoting enmity, committing acts prejudicial to the maintenance of harmony, public mischief, and criminal conspiracy in connection with a video related to an exhibition organised by ACPR in Hyderabad.

The video, which was widely circulated on social media, showed a person standing in front of display boards at the exhibition.

In the footage, the person gestured toward a banner and spoke about several incidents, including the 2020 CAA/NRC protests, the Delhi riots, and the cases of individuals such as Nadeem, Akhlaq, Rohit Vemula, and Pehlu Khan. The police alleged that the video portrayed a particular community as victims and incited communal tensions.

Upon reviewing the video, the police identified Khan as the person in the footage and alleged that the display stall was set up by ACPR.

Khan, however, defended the video, stating that it focused on issues like minority rights, hate speech, and discrimination. He argued that he did not make any statements that could incite disharmony and asserted that his actions were protected under the fundamental right to free speech as guaranteed by Article 19 of the Indian Constitution.

Khan’s legal team, which included senior advocate Kapil Sibal, argued that the FIR did not contain any offence punishable by more than three years and emphasised that no adverse incidents had occurred as a result of the video. Additionally, they noted that no complaints had been filed to justify the registration

of the FIR.

The Delhi High Court issued a notice on the petitions and scheduled a further hearing for December 6.