NEW DELHI: The Delhi High Court on Tuesday granted interim protection from arrest to human rights activist Nadeem Khan, who was booked by the Delhi Police on charges of promoting enmity and criminal conspiracy over a video that went viral on social media. Justice Jasmeet Singh directed that Khan, the national secretary of the Association for the Protection of Civil Rights (APCR), would not be arrested till December 6.
The court, however, instructed Khan to cooperate with the investigation, join the probe on Wednesday and not leave the national capital without the permission from the investigating officer. The FIR registered against Khan on November 30 alleged that the APCR set up a stall at an exhibition where a video was recorded and later uploaded on YouTube.
Titled “Records of Hindustan in Modi Sarkar”, the video, according to the police, referenced individuals like Akhlaq, Rohit Vemula, and Pehlu Khan while invoking the Shaheen Bagh protests and Delhi riots. The content allegedly portrayed a specific community as victims and incited unrest. Delhi Police claimed that Khan, seen in the video, was trying to disrupt public peace and instigate violence. The police also alleged that crowds were being mobilized across the country to spread provoking material.
Senior advocate Kapil Sibal, representing Khan, argued that the FIR lacked any foundational basis or evidence of a cognizable offence.
He submitted that the allegations were speculative and rooted in preconceived conclusions by the complainant. Sibal further emphasised that Khan’s actions fell under the ambit of free speech protected by Article 19(1)(a) of the Constitution, asserting that criticism or expressions of dissent do not amount to incitement. The court expressed skepticism about the fragility of public harmony being threatened by the exhibition or the video.
Justice Singh said, “We live in a democratic country. The harmony of our nation is not so fragile that one exhibition or someone shouting can disrupt it. People are intelligent enough to discern right from wrong.” The court also dismissed the argument that Khan’s actions could destroy national peace and said need to have faith in the common man’s judgment.
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