NEW DELHI: The Delhi High Court was on Wednesday informed by the police it would not arrest activist Nadeem Khan, booked in an alleged case of promoting enmity, without first giving him a seven-day written notice.
Khan, on the other hand, assured Justice Jasmeet Singh he would continue to cooperate with the investigation, pursuant to an FIR registered by the police on November 30 against him.
The judge took on record the statements, and directed Khan not to leave the capital without its permission.
"In the present case, the investigation is ongoing and the petitioner is participating in the same. Mr (Kapil) Sibal, learned senior counsel on instructions states that the petitioner will continue to participate in the investigation and cooperate with the same. It is also stated that during the pendency of the investigation, the petitioner shall not be arrested and if there is any requirement for custodial interrogation, the respondent shall give notice in writing of seven clear days," the court recorded in its order.
The court was hearing a petition by Khan and Association for the Protection of Civil Rights (APCR) seeking to quash the FIR against him.
He is the national secretary of the APCR.
Khan was booked after a video featuring him was shared on multiple social media handles affiliated to the right-wing. In the video Khan is seen speaking about human rights violations committed against Muslims and minority communities in India, over the last ten years.
The Delhi police, hours after filing the FIR reached his brother's Bangalore residence to illegally detain him.
The police claimed that Khan, through "targeted dissemination of selective information", sought to create a narrative of a particular community's victimisation by the incumbent government.
Several human rights activists and organisations have condemned the police action against Khan. The People's Union for Civil Liberties (PUCL) in a statement called it a "targeted witch hunt."
Senior advocate Sibal, who appeared for Khan, said the police should not harass the petitioner in the garb of investigation and ensure the probe was concluded expeditiously.
He argued the police was conducting a roving and fishing inquiry.
The court, which earlier gave interim protection from arrest to Khan, orally said while his right to liberty was protected, the agency was entitled to investigate and kept the rights and contentions of the parties open.
In a status report filed in the case, the police said Khan's actions suggest a deliberate attempt to provoke discontent and unrest, amounting to a larger conspiracy for undermining communal harmony and public order.
The police alleged Khan's conduct demonstrated a willful disregard for the potential ramifications on communal harmony.
The court had issued notice to the police and granted him protection from arrest till the next date of hearing, subject to his joining the investigation.
Stating the investigation was at an initial stage, the police urged the court to dismiss the petitions.
Khan's counsel had argued that the FIR was malafide and it did not disclose any cognisable offence and was merely based on conjectures, without any foundation.
