On December 11, the Delhi High Court granted civil rights activist Nadeem Khan, also the National Secretary of the Association for Protection of Civil Rights (APCR), protection from arrest in a case filed by the Delhi Police. The case accuses Khan of promoting enmity, criminal conspiracy, and acts that undermine public harmony. Khan had filed two petitions, seeking a stay on the ongoing investigation and the quashing of the First Information Report (FIR) that included charges of promoting enmity and criminal conspiracy.
Earlier, the Court had granted interim protection from arrest. During the hearing, Khan’s Senior Advocate Kapil Sibal assured the Court that Khan had been cooperating with the investigation and would continue to do so. Sibal raised concerns over potential harassment by the police under the guise of investigation and objected to the police’s demand for access to Khan’s phone.
Justice Singh, while recognizing the concern, affirmed the police’s right to investigate.
Background
An FIR (No. 280/2024) was filed against activist Nadeem Khan on November 30 at Shaheen Bagh Police Station under sections 196/353(2)/61 of the BNS, 2023. According to the FIR, a sub-inspector (SI) on patrol duty was alerted by “secret sources” about a video circulating on social media. The video was reportedly inciting strong anger among local residents and had the potential to provoke violence. The FIR alleges that a video titled “Records of Hindustan in Modi Sarkar,” posted on the “Akram Official 50” YouTube channel on November 21, depicted an individual at an exhibition booth gesturing towards a banner. The video reportedly mentioned names like Nadeem Khan, Akhlaq, Rohit Vemula, and Pehlu Khan, while also referencing the 2020 Shaheen Bagh protests and the Delhi riots. The FIR claims that the video portrayed a specific community as victims and attempted to incite unrest.
Following this, a non-bailable arrest warrant was issued against Khan. However, on December 3, the Delhi High Court granted him interim protection from arrest until December 6. Justice Jasmeet Singh, during the hearing, directed Khan to cooperate fully with the investigation and to join the ongoing probe. Furthermore, Khan was instructed not to leave the National Capital without the permission of the Investigating Officer.
During the December 3 hearing, when the Delhi Police counsel informed the court that Khan had contacted various individuals, including lawyers, when the officials attempted to arrest him, Justice Singh made an oral remark:
“That can’t be a reason to arrest him. Anybody who’s getting arrested calls people no? Where is the question…how do you go to Bangalore? You say, you go in police uniform in Bangalore to arrest him. How do you do that?
The court said that, “Please understand, we are in a democratic country. The harmony of our nation is not so fragile. It is not so fragile that merely one exhibition, merely someone shouting, it cannot be. Consider people as intelligent…You repose very little faith in the common man. Common man is intelligent. Common man isn’t so fragile that merely one exhibition will”
“We are living in a democratic country. The country places great pride in our fundamental rights. Article 19(1)(a) is to be protected. If you think that a common man will get incited by this, the common man doesn’t have the IQ to understand what is right for them… we are intelligent people. Please have some faith in the common man” the Court further remarked. As Live Law Reported.
Khan framed narrative portraying “particular community” as govt victims: Delhi Police
According to Live Law, the Delhi Police informed the Delhi High Court that civil rights activist Nadeem Khan, through “targeted dissemination of selective and misleading information,” sought to create a narrative portraying a “particular community” as victims of “systematic oppression” by the government.
The police stated, “This selective portrayal is not only factually distorted but appears to be calculated to evoke feelings of victimization and persecution within that community. Such actions suggest a deliberate attempt to provoke discontent and unrest, amounting to a larger conspiracy aimed at undermining communal harmony and public order.”
In its affidavit, the Delhi Police also claimed that Khan was evasive during his December 5 interrogation. It revealed that the “exhibition” organized by “Jamaat-e-Islami Hind,” where the alleged video was recorded at the APCR stall, was entirely managed and controlled by him.
Delhi High Court shielded Khan from arrest and quashed no-bailable warrant
On December 11, in a petition filed by Nadeem Khan under section 528 of BNSS, 2023 seeking quashing of order issuing non-bailable warrant and the proceedings emanating therefrom in FIR No. 280/2024, Justice Jasmeet Singh of Delhi High Court quashed the warrant and provided protection from arrest to civil rights activist Nadeem Khan.
Justice Singh also directed that, should the Delhi Police require Khan’s custody, they must provide a seven-day advance written notice. The Delhi Police assured the court that Khan would not be arrested, and if custodial interrogation became necessary, they would notify him in advance.
Delhi Police conducted raid at Delhi office of APCR on November 29
Earlier, on November 29, Delhi Police conducted a raid at the Delhi office of the Association for Protection of Civil Rights (APCR). The next day, on November 30, the police attempted to detain Nadeem Khan at his brother’s residence in Bengaluru. The raid and detention attempt were reportedly triggered by social media posts, particularly from a Twitter user named “Mr. Sinha.” The police action followed an exhibition organized by the APCR, which attracted attention from right-wing groups on social media, who have previously targeted Khan due to his vocal criticism of police brutality and state involvement in mob violence.
In response, the People’s Union for Civil Liberties (PUCL) condemned the police actions, describing them as part of a targeted witch-hunt against Khan. PUCL expressed concern over the harassment, which they believe was instigated by certain social media accounts, labelling it an attack on human rights activism.
Human Rights Watch condemned the Delhi Police raid
International Human Rights Body, Human Rights Watch strongly condemned the November 29, 2024, raid by Delhi police on the offices of the Association for Protection of Civil Rights (APCR). In a statement, HRW expressed concern that the Indian government is actively seeking to silence voices critical of its policies and those who offer assistance to individuals targeted by politically motivated investigations. HRW’s Pearson stated, “The Indian government appears determined to silence voices that speak out against its abusive practices as well as those who provide assistance to people facing malicious investigations.”
The organization further said that by punishing individuals for exercising their right to free expression, the government is not silencing dissent but rather adding to the growing list of human rights violations in the country. This raid highlights a troubling effort to stifle criticism and further marginalized groups defending the rights of minorities and vulnerable communities in India.
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