The Delhi High Court Today (Dec 3) granted interim protection from arrest to Mohammad Wasiq Nadeem Khan, the National Secretary of Association for Protection of Civil Rights (ACPR), booked by the Delhi Police after for promoting enmity and criminal conspiracy after a video of him went viral on YouTube. Justice Jasmeet Singh, while granting relief to Khan, ordered that he should not leave Delhi without informing the Investigating Officer. Khan was also directed to cooperate with the police investigation.
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NEW DELHI: The Delhi High Court on Tuesday granted interim protection from arrest to Mohammad Wasiq Nadeem Khan, the National Secretary of the Association for Protection of Civil Rights (ACPR). Khan was booked by the Delhi Police on allegations of promoting enmity and criminal conspiracy after a video featuring him went viral on YouTube.
Justice Jasmeet Singh, presiding over the case, provided temporary relief to Khan, stipulating that he must not leave Delhi without notifying the Investigating Officer (IO). The Court further directed Khan to fully cooperate with the ongoing police investigation.
The Court was addressing two petitions—one filed by Khan and another by ACPR—seeking a stay on the investigation and the quashing of the First Information Report (FIR). The FIR charged Khan under provisions related to promoting enmity, acts prejudicial to harmony, public mischief, and criminal conspiracy.
Background of the Controversy
The case revolves around a video linked to a Hyderabad exhibition organized by ACPR. The Delhi Police summoned Khan in connection with the video, which showed an individual at the exhibition standing in front of display boards.
According to the media, the FIR claims the video features the person gesturing towards banners and discussing issues involving “‘Nadeem, Akhlaq, Rohit Vemula, Pehlu Khan,’” as well as the 2020 CAA/NRC protests at Shaheen Bagh and the Delhi riots. The police allege that this content depicted a specific community as victims, potentially inciting unrest.
During their analysis, the police concluded that the display stall in the video was set up by ACPR and identified Khan as the individual in question.
Khan’s Defense and Legal Position
Khan maintained that the video addresses critical issues such as minority rights, hate speech, and discrimination. According to his plea, he argued:
- The content of the video did not include any false statements capable of inciting disharmony.
- He was exercising his constitutional right to free speech under Article 19 of the Indian Constitution.
- The FIR lacked any offense punishable by more than three years of imprisonment.
- No adverse incidents or complaints had arisen as a consequence of the video.
Khan’s defense also highlighted that the FIR did not warrant criminal proceedings given the absence of a complainant alleging harm or disturbance.
Court Proceedings and Future Hearings
Justice Jasmeet Singh issued a notice on the petitions and scheduled the next hearing for December 6.
While granting interim protection, the Court emphasized that Khan must comply with the investigation’s requirements and refrain from leaving the city without prior notification.
Legal Representation
Senior Advocate Kapil Sibal, along with advocates Tara Narula, Tamanna Pankaj, Shivangi Sharma, Ahmed Ibrahim, Rupali Samuel, Shahrukh Alam, Deeksha Dwivedi, and Ritesh Dhar Dubey, represented Khan and ACPR in the legal proceedings.
This case is likely to bring further discussions around the intersection of free speech, minority rights, and the legal framework governing public harmony in India.
The upcoming hearing will shed more light on the judicial perspective regarding the allegations and the defense presented.
Click Here to Read Previous Reports on Criminal Conspiracy
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