The Delhi High Court granted interim relief from arrest on Tuesday to human rights activist Nadeem Khan, who had been charged by the Delhi Police with promoting enmity and criminal conspiracy following the circulation of a viral video on social media.
Justice Jasmeet Singh ruled that Nadeem Khan, National Secretary of the Association for the Protection of Civil Rights (APCR), will not be arrested until Friday.
The Court instructed Nadeem Khan to join the investigation on Wednesday and cooperate fully with the probe. Additionally, he was directed not to leave Delhi without the permission of the Investigating Officer.
Justice Singh issued a notice in response to petitions filed by Nadeem Khan and the Association for the Protection of Civil Rights (APCR). Khan is seeking the quashing of the Delhi Police FIR, which claims that a sub-inspector, during patrol duty, was alerted by confidential sources about a video circulating on social media that was inciting “great anger among local people” and had the potential to spark violence.
According to the FIR, the video titled “Records of Hindustan in Modi Sarkar” was uploaded on YouTube on November 21 by the channel “Akram Official 50.”
The FIR claims that the video featured an individual at an exhibition stall, pointing towards a banner while discussing “Nadeem, Akhlaq, Rohit Vemula, Pehlu Khan” and referencing the 2020 Shaheen Bagh protests and Delhi riots. The video allegedly portrayed a specific community as victims and was intended to incite viewers.
The police have stated that the stall in the video was set up by APCR, and the person speaking was Nadeem Khan.
During today’s hearing, Senior Advocate Kapil Sibal, representing Khan, argued that the FIR does not outline any cognizable offense. He pointed out that a review of the FIR reveals that the complainant had already concluded that the exhibition was inciting violence and promoting enmity. Sibal contended that the FIR and its claims were based on mere speculation by the complainant, lacking any factual foundation.
In response, the Delhi Police argued that there was enough evidence to establish that a cognizable offense had been committed. They stated that this evidence, along with the materials gathered in the investigation, would be presented at the next hearing. The police counsel further claimed that the evidence was sufficient to show that Nadeem Khan was inciting violence.
