NEW DELHI: Restraining police from arresting an activist, Nadeem Khan, booked for allegedly “promoting enmity” through a video of his that went viral, Delhi high court said Tuesday the nation’s harmony “is not so fragile” and sought more faith to be reposed in the common man’s intelligence.
“We are in a democratic country… The common man isn’t so fragile that merely one exhibition will shake his conviction,” Justice Jasmeet Singh said. “The country places great pride in our fundamental rights. Article 19(1)(a) is to be protected.”
‘Please have faith in people’s intelligence’
Police opposed any relief to Khan. “If you think the common man will get incited by this, do you think the common man does not have the IQ to understand what is right for them? Please have some faith in his intelligence,” the court observed orally, protecting Khan from arrest till Dec 6.
Appearing for Khan, senior advocate Kapil Sibal argued that the FIR was bad in law as it did not disclose any cognisable offence and was merely based on conjectures. Police alleged that Khan was “trying to raise a war inside the country” and spread disharmony with his comments. His video could have led to violence at any time, they said, adding that Khan should have sought anticipatory bail if he wanted protection from arrest.
The high court subsequently issued notice to police on Khan’s petition seeking to quash the FIR registered on Nov 30 and asked him to join the investigation and not leave the national capital without the permission of the investigating officer.
“The FIR is based on the opinion of the complainant. The material which formed the basis of the opinion has not been placed before me and will be placed along with the reply proposed to be filed by the respondent along with the material collected to date. For the said reason and until the next date of hearing, the petitioner shall not be arrested,” the court noted, posting the hearing on Dec 6.
