The Delhi High Court, on December 11, extended interim protection to Nadeem Khan, human rights activist and National Secretary of the Association for Protection of Civil Rights (APCR), in connection with allegations of disseminating selective and misleading information to incite enmity among religious groups.

During the hearing, Senior Advocate Kapil Sibal, representing Khan, argued that the FIR lacked sufficient grounds to establish any cognizable offence. He pointed out that the allegations in the FIR were based on conjecture, claiming the complainant had concluded that a public exhibition organized by Khan could incite violence and enmity, despite lacking any substantive foundational facts.

Advocate Sibal emphasized that Khan would continue to cooperate with the investigation and sought assurance that the probe would be conducted fairly and concluded within a reasonable timeframe. He also underscored Khan's constitutional right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution.

Additional Standing Counsel Sanjeev Bhandari, representing Delhi Police, argued that sufficient evidence existed to support allegations of communal violence incitement. He requested three days to file a formal reply to Khan’s claims.

The bench of Justice Jasmeet Singh reviewed the FIR and noted that it appeared to be based on the complainant’s subjective opinion without any substantive material supporting the accusations. A preliminary reading suggested that the essential elements of the alleged offences were not evident.

The court directed the Delhi Police to expedite the investigation and complete it within a reasonable timeframe. Additionally, the bench instructed the police to issue a seven-day advance notice if they intended to take Khan into custody during the investigation.

On December 3, during an earlier hearing, Senior Advocate Sibal highlighted that the allegations lacked foundational facts and were based on assumptions. He reiterated that Khan’s constitutional rights needed safeguarding.

For Petitioner: Senior Advocate Kapil Sibal, supported by Advocates Tara Narula, Shivangi Sharma, Tamanna Pankaj, Anirudh Ramanathan, Rupali Samuel, Ahmed Ibrahim, and Sumedha.
For Respondent: Additional Standing Counsel Sanjeev Bhandari, assisted by Advocates Charu Sharma, Arjit Sharma, Vaibhav Vats, and Nikunj Bindal.

Case Title: Mohammad Wasiq Nadeem Khan v State (NCT of Delhi)