NEW DELHI: Underscoring that the nation’s harmony was not so fragile, the Delhi High Court on Tuesday granted protection from arrest till December 6 to activist Nadeem Khan in an alleged case of promoting enmity. Justice Jasmeet Singh orally remarked that the nation’s harmony was not “fragile” and “faith” should be reposed in the intelligence of the common man.
“We are in a democratic country. The harmony of the nation is not so fragile. Common man isn’t so fragile that merely one exhibition will shake his conviction,” said Justice Singh.
The judge went on, “The country places great pride in our fundamental rights. Article 19(1)(a) is to be protected. If you think the common man will get incited by this, the common man does not have the IQ to understand what is right for them.. please have some faith in the common man.”
Senior advocate Kapil Sibal appeared for Khan and argued that the FIR was malafide.
He said the FIR did not disclose any cognisable offence and was merely based on conjectures, without any foundation.
The counsel for the police alleged that the petitioner was “trying to raise a war inside the country” and he should have filed an anticipatory bail plea if he wanted protection from arrest.
The judge subsequently issued notice to the Delhi police on Khan’s petition seeking to quash the FIR registered on November 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 till date. For the said reason and till the next date of hearing, the petitioner shall not be arrested,” the court ordered, posting the hearing on December 6.
The police registered the FIR against Khan over a “viral video” that was purportedly causing enmity and could have led to violence at any time.
The court, however, said the right to freedom of speech and expression under Article 19(1)(a) of the Constitution had to be “protected” and directed the investigating agency not to arrest Khan till the next hearing.
