Clarion India
NEW DELHI – The Delhi High Court on Tuesday granted interim protection from arrest to human rights activist Nadeem Khan after he was booked by the Delhi Police under charges of promoting enmity and criminal conspiracy for a community exhibition held in Hyderabad.
Justice Jasmeet Singh, who presided over the matter, directed that Nadeem shall not be arrested until the next hearing on Friday, December 6. However, Nadeem is required to join the investigation and refrain from leaving Delhi without permission from the investigating officer, Live Law reported.
The APCR, which focuses on civil liberties, had set up stalls at the exhibition to provide information on legal aid for hate crime victims, Supreme Court judgments, and government policies on communal issues. Materials displayed included pamphlets on arrest procedures, NHRC complaints, and a list of hate-inciting social media handles. Videos at the stalls also showcased speeches by political leaders, including Prime Minister Narendra Modi and Union Home Minister Amit Shah. One such video highlighted Shah’s remarks during the 2020 Delhi elections, which referenced Shaheen Bagh protests.
The FIR, filed under Sections 196, 353(2), and 61 of the Bharatiya Nagarik Suraksha Sanhita, alleges that the video titled “Records of Hindustan in Modi Sarkar” was uploaded by a YouTube channel “Akram Official 50.” The footage purportedly showed a person, identified as Nadeem, gesturing towards a banner while referencing victims of hate crimes, such as Akhlaq, Rohith Vemula, and Pehlu Khan, as well as the 2020 Shaheen Bagh protests and Delhi riots. The Delhi Police claims that the exhibition, organized by Jamaat-e-Islami as part of its National Members Conclave in Hyderabad, portrayed a particular community as victims, inciting enmity and unrest.
During the hearing, Senior Advocate Kapil Sibal argued that the FIR lacked any cognizable offense and was based solely on conjectures without foundational facts. He contended that the allegations were an overreach, as there was no evidence to support claims of incitement or violence. On the other hand, the Delhi Police maintained that there was sufficient material to demonstrate Nadeem’s involvement in creating unrest, adding that evidence would be presented in the next hearing.
Justice Singh questioned the allegations, remarking that the harmony of the nation is not so fragile as to be disrupted by an exhibition or a speech. “We are in a democratic country where Article 19(1)(a) protects freedom of speech and expression,” the court observed.
“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…” LiveLaw reported the court saying.
The Delhi police had attempted to arrest Nadeem from his brother’s house in Bengaluru without a warrant. The police alleged that Nadeem had called several individuals, including lawyers, to resist arrest. Justice Singh dismissed the claim, observing that calling for support during an arrest is a common human reaction.
